140 & Ac-21

T

thewebman2002

Registered Users (C)
All,

I had a question regarding AC-21. I believe that if you have your I-140 approved and your I-485 has been pending for more than 180 days, according to AC-21 you can change your employer provided your role and position is the same. I have some questions regarding this:

1) Can the original employer revoke your I-140 (that has already been approved)?
2) Should the applicant carry the original I-140 approval notice/receipt or is a photocopy sufficient?
3) Will this effect subsequent EAD/AP renewal?
4) Any other issues that you think the applicant should be aware of?

Any help regarding the above questions is greatly appreciated. Thanks in advance.
 
1. Your old employer certainly can try to revoke your approved I140. If your I485 was pending for more than 180 days and you filed your AC21 letter - you going to be just fine. If BCIS does not have your AC21 letter - they might issue an intent to deny or revoke the approved I140. And you will still have some time to send over your AC21 letter.

2. If only a copy of I140 approval is in your possesion - that is fine. I do not think of any situations where the original in place of a copy can be required. It is all supposed to be in BCIS computer anyway.

3. As far as your AP / EAD - if you submitted your AC21 letter and there is no activity from your previous employer trying to revoke your approved I140 - you should be fine to get all needed extensions on those documents. Otherwise, if there is an RFE or intension to deny notice pending - it might be problematic to get AP / EAD renewed till everything clears out.

4. Can not think of anything else. Make sure that your AC21 letter addresses all the requirements that your new employer has to possess: "the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made."
 
Hi All::

I have still one question about this AC-21

If a person files 140 and 485 on Jan 01-2004 and if his/her 140 gets approved on July -30-2004 ..

Is he/she eligible to use AC-21?

I mean is he/she is in safer side to join a new employer (who is located in the same state)... ?

Please explain.

( the cases are filled concurrently and 140 approved in 7 months )
 
That person should be fine and can use AC-21. Make sure you do that after 180 days from 485 ND (and 140 approved).
 
You must log in or register to reply here.
Top