180 days and AC21

F

firer

Registered Users (C)
I am going to change the job.
I have a question about the how to account 180 days of i485 pending.
starting day of i485 pending: receipt date of i485 petition.
ending day of i485 pending: it is the day I leave the old company, how to indicate it, asking for the leave letter from the old company?? or it is the day I join the new company, as indicated by H1B receipt.

I really appreciate if anyone who has experience of changing employer gives me a hint!!
 
techbuyer77 said:
AC21 : rd +180 DAYS.
Your intent changes on day rd + 181
Click to expand...

thank you for the reply. But there is a technical problem.
For example, if I leave my current company before 180 days of i485 pending,
but I start to work at the new company after 180 days of i485 pending.

How USCIS know that I leave current company is before or after 180 days of i485 pending?

I don't know whether I leave current company, in general, current company will give a letter indicating the leave day.

thanks.
 
Leaving company before 180 days has only one risk. If USCIS sends an RFE during the period you left the old company and filed for AC-21 with new company (after 180 days), you will be at risk. But with 1000's of new applications expected to be filed next week, what are the chances that USCIS processes any application with in 180 days and send an RFE?
I highly doubt it.
When you file AC-21, you don't need to submit any of the old employer's info. Only new employment details are needed. So, what's the risk?
Finally what I suggest is, leave the old company as close as possible to your 180 days and pray hard for no RFE's during that window.

Gurus can correct me if I am wrong.

firer said:
thank you for the reply. But there is a technical problem.
For example, if I leave my current company before 180 days of i485 pending,
but I start to work at the new company after 180 days of i485 pending.

How USCIS know that I leave current company is before or after 180 days of i485 pending?

I don't know whether I leave current company, in general, current company will give a letter indicating the leave day.

thanks.
Click to expand...
 
firer,

For Green Card peition, you are promising USCIS to work under the same job/title upon approval of your Green Card...That's your intent...

So, you just need to (for filing AC21 - optional), you just need a current dated letter from new employer, stating that you no longer intend to join the previous company upon approval of Green Card....and that you would like to use AC21 law to change you intent to join this new employer ....

So, one does not need to say when you left the old company etc....You just need to convey to USCIS your intentions of joining new employer after receiving Green Card....the date of the letter should be 180 days + (from I485 RD)...also preferably 180 days+ from I140 AD...as well
 
Hi,

I have an email from USCIS showing I-140 Case # and status as approved.

My employer is not giving me a copy of USCIS I-140 approval notice, I-797C

Can I use AC21 and change employer without first getting the physical 140 approval notice?

Are there any issues that may arise during or after changing employer?
 
prq20 said:
Hi,

I have an email from USCIS showing I-140 Case # and status as approved.

My employer is not giving me a copy of USCIS I-140 approval notice, I-797C
------------------that ok
Can I use AC21 and change employer without first getting the physical 140 approval notice?
------------------ you dont need the I-140 approval copy to invoke AC21. you need I-485 filing reciept+ new employer same/similar job. dont talk to your present employer/lawyer for I-140 approval notice and dont take the service of present company lawyer to invoke AC21
Are there any issues that may arise during or after changing employer?
Click to expand...
----------------
 
You must log in or register to reply here.
Top