Switch job without AC21, I485 pending > 180 days

J

jain_rajan

Registered Users (C)
Hello,

I have 2 questions, will appreciate if you can throw your thoughts on these:

My case History: PD: 2 Jan'2003, I-140 Approved, I-485 applied: 19 June' 2007

I work for a big financial company but want to switch job after staying with them for 7 yrs.

Q1) Is it safe, if I just switch job to a different company and not notify USCIS (AC21), given that 180 days have already passed? I have been paying complete cost for my GC filing (LC, I-140, I485 etc). My company doesnt support any more H1-B and dont think they would bother about revoking I-140. So will it be safe if not notify USCIS and just simply switch job?

Q2) What if I use my EAD to switch job from present company X to Company Y and then from Company Y to Company Z, is it fine ? or are there any risks? Do I have to notify USCIS everytime I switch job using AC21? or just simply not notify them and keep switching (if necessary).

Your response will be greatly appreciated.

Thanks,
 
Q1) Is it safe, if I just switch job to a different company and not notify USCIS (AC21), given that 180 days have already passed? I have been paying complete cost for my GC filing (LC, I-140, I485 etc). My company doesnt support any more H1-B and dont think they would bother about revoking I-140. So will it be safe if not notify USCIS and just simply switch job?

Why do you not want to notify the USCIS of AC21. You don't have to worry about I-140 revocation after the 180 day period is over. If the I-140 was revoked before the 180 day period, you may have problems porting the case. At the time of adjudication of your I-485, if the officer somehow finds out that you don't intend to work for the employer listed on your original I-140, he may ask for additional information then, in which case, you will have to provide evidence for portability as required by AC21.

Q2) What if I use my EAD to switch job from present company X to Company Y and then from Company Y to Company Z, is it fine ? or are there any risks? Do I have to notify USCIS everytime I switch job using AC21? or just simply not notify them and keep switching (if necessary).

You should be able to use EAD anywhere but according to the AC21 memo, you should have a similar job offer from a company at the time of I-485 adjudication. If for some reason your I-485 is denied, that your EAD is moot and you are immediately out of status. If you have an H1B to use till then, it may be safer.
 
Do we need to hire a new Attorney if we change jobs ?

Hi,
Do we need to hire a new Attorney if we change jobs ? I have changed the job before completing 180 days after getting assurance from old company that they wouldn't revoke my I140. Now I got EAD and AP, do I need to hire a new attorney for further process ?

P.S: My new company did my H1 transfer instead of using EAD to be on safe side.:)
 
Last edited by a moderator:
Orangecounty said:
Hi,
Do we need to hire a new Attorney if we change jobs ? I have changed the job before completing 180 days after getting assurance from old company that they won't revoke my I140. Now I got EAD and AP, do I need to hire a new attorney for further process ?
Click to expand...
No need to get a new attorney. But you need to kick the former attorney off the case if you signed a G-28 to authorize them to process your I-485. Otherwise, USCIS will send things like RFE to the old attorney and you won't know about it.
 
Thank for your reply

I am on my way to fill out the G28 form. My new employer's Attorney agreed to represent me going forward in GC process without any charges.:)
 
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