140 approve and I-485 changing jobs after 180 days

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lianghn_1999

Registered Users (C)
Do I need to file AC21 to USCIS or not? asked several lawyer, some said I need to, some said I don't to do any thing until receiving a RFE....
I don't think my old company will withdraw my I-140, but should I file AC21 just incase? Any suggestions?
If I do need to do AC21, what kind of document I need to prepare?
Thanks a lot!
 
lianghn_1999 said:
Do I need to file AC21 to USCIS or not? asked several lawyer, some said I need to, some said I don't to do any thing until receiving a RFE....
-------------- what is the problem if you invoke AC21?? it is not going to harm you
I don't think my old company will withdraw my I-140, but should I file AC21 just incase? Any suggestions?
------------I will file
If I do need to do AC21, what kind of document I need to prepare?
----new employer permanent job offer letter with same/similar job duties +copy of I-485 filing reciept+cover letter to request AC21 with pending I-485. search the threads it has been posted
Thanks a lot!
Click to expand...
 
How to make sure that previous employer will NOT revoke my approved I140?

I am in a similar situation - waiting for I485 approval for last 2.5 yrs. I work for a big database MNC and have a similar job offer from another big NETWORK company and the only thing preventing me from making this career move is my GC Application with my current employer. I am in EB3 - India category, about to finished 6 yrs on H1B.

A few questions:
1) How do I make sure that my previous employer will NOT revoke my approved I140? Is it OK to just ask them. How do I know if thay have done that in past.

2) As more than 2yrs have passed since I485 filing, Do I need to worry about I140 being revoked if I am taking up new job under AC21.

Thanks
AC21_Seeker
 
lianghn_1999 said:
Do I need to file AC21 to USCIS or not? asked several lawyer, some said I need to, some said I don't to do any thing until receiving a RFE....
I don't think my old company will withdraw my I-140, but should I file AC21 just incase? Any suggestions?
If I do need to do AC21, what kind of document I need to prepare?
Thanks a lot!
Click to expand...
lianghn_1999 , How do you know that your old company will not withdraw or revoke the approved I140. Is there a way to find it.

AC21_Seeker
 
AC21_Seeker said:
I am in a similar situation - waiting for I485 approval for last 2.5 yrs. I work for a big database MNC and have a similar job offer from another big NETWORK company and the only thing preventing me from making this career move is my GC Application with my current employer. I am in EB3 - India category, about to finished 6 yrs on H1B.

A few questions:
1) How do I make sure that my previous employer will NOT revoke my approved I140? Is it OK to just ask them. How do I know if thay have done that in past.

2) As more than 2yrs have passed since I485 filing,

Do I need to worry about I140 being revoked if I am taking up new job under AC21.
---------------NO, you are protected by AC21
Thanks
AC21_Seeker
Click to expand...
 

ginnu ,
Thanks for your reply but it is NOT clear if I will be OUT of status if my previous employer revokes I140?

Also when the time comes to renew EAD & AP I will be lost as I140 had been revoked. Am I justified to fear?
 
AC21_Seeker said:
ginnu ,
Thanks for your reply but
it is NOT clear if I will be OUT of status if my previous employer revokes I140?
------------ if your I-485 is pending more then 180 days, I-140 approved and you get same/similar job then you are eligible to use AC21. you are not out of status, your status with pending I-485 is AOS pending
Also when the time comes to renew EAD & AP I will be lost as I140 had been revoked. Am I justified to fear?
-------------- till the time I-485 is pending you can renew your EAD and can get AP.

**why dont you read AC21 MEMO? search for AC21 Memo and read it
Click to expand...
 
Please help !!!

Hi Ginnu,
I am in a very critical situation right now. I am being laid off and need to find a job by December 31st. My I-485 is pending at TSC and 180 days will be complete on December 5. Trying very hard to find a job but no luck still. I read the link on AC21 memo posted by you. I have certain questions. I will highly appreciate if someone can guide me.
1. What happens if I don't get a job by December 31st .How long can I be out of status or stay in United States in lieu of a pending I-485?
2. I have recently applied for my I-765. Is it safe to use an EAD or I need to have an H-1B.
3. What does it mean by same or similar job offer. I applied my green card in EB1-OR category as a research scientist. Suppose I don't get a research scientist position and have to accept a post-doctoral fellowship with salary lower than what I am getting what happens.
Please reply. I am very tense.
Thanks
 
vbhatia said:
Hi Ginnu,
I am in a very critical situation right now.
I am being laid off and need to find a job by December 31st.
My I-485 is pending at TSC and 180 days will be complete on December 5.
Trying very hard to find a job but no luck still.
I read the link on AC21 memo posted by you. I have certain questions. I will highly appreciate if someone can guide me.

1. What happens if I don't get a job by December 31st .How long can I be out of status or stay in United States in lieu of a pending I-485?
-------------- you can stay till I-485 is pending, you are not out of status, you are pending AOS
2. I have recently applied for my I-765. Is it safe to use an EAD or I need to have an H-1B.
----------------H1 is better status
3. What does it mean by same or similar job offer.
------------Read the AC21 Latest Memo:
http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.usvisahelp.com/nw_vol4_iss7.html

I applied my green card in EB1-OR category as a research scientist. Suppose I don't get a research scientist position and have to accept a post-doctoral fellowship with salary lower than what I am getting what happens.


Please reply. I am very tense.
Thanks
Click to expand...
 
What happens to EAD when job change?

Hello everyone,

I have my I-140 approved and have gone on EAD from this April onwards, 6 yrs H1B has expired. My question is if I changed my job now what happens to the current EAD? Do I get a new one after filing AC-21? Please help. I have to accept offer soon, not much time left.
Thanks.
 
gcalb said:
Hello everyone,

I have my I-140 approved and have gone on EAD from this April onwards, 6 yrs H1B has expired. My question is if I changed my job now what happens to the current EAD?
--------------EAD is valid till EAD validity date. file for new EAD 6 months advance
Do I get a new one after filing AC-21?
-----------EAD or AP is based on pending I-485, you can file new EAD or AP. EAD AP has nothing to do with employer A or B it is based on YOUR pending I-485

Please help. I have to accept offer soon, not much time left.
Thanks.
Click to expand...
 
Generally, what I heard is that - if one is sure that I-140 would not be revoked, it might make more sense not to file AC21 as it might delay/result in an RFE or so.....
as the law does not require filing AC21 documentation.....only need to furnish upon NOID receipt..
 
banta4gc said:
Generally, what I heard is that - if one is sure that I-140 would not be revoked, it might make more sense not to file AC21 as it might delay/result in an RFE or so.....
as the law does not require filing AC21 documentation.....only need to furnish upon NOID receipt..
Click to expand...


YES..even my lawyer seemed to think so, he said that maybe you don't even need to file AC-21. Not sure about it yet.
 
banta4gc said:
Generally, what I heard is that - if one is sure that I-140 would not be revoked, it might make more sense not to file AC21 as it might delay/result in an RFE or so.....
--------------- Invoking AC21 with pending I-485 does not "delay/result in an RFE or so.....
as the law does not require filing AC21 documentation.....only need to furnish upon NOID receipt..
Click to expand...
read below:
http://www.murthy.com/news/n_risres.html
 
Thanks Ginnu

Sorry for replying late. Thanks a lot Ginnu for your timely help regarding my questions.

Thanks
 
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