AC 21 and EB1 OR

bhakum

Registered Users (C)
I am trying to find out if the AC21 (to change the jobs in the middle of the GC process) applies to EB1 OR.

My I-140 (EB1 OR) got approved in July 2005 and just filed the 485 and EAD for myself and wife.

If I decide to move to a different job (similar but not in academia where I am at now), will it affect my future green card renewal or citizenship application?

Appreciate your thoughts and inputs.

thanks.
 
bhakum said:
I am trying to find out if the AC21 (to change the jobs in the middle of the GC process) applies to EB1 OR.

My I-140 (EB1 OR) got approved in July 2005 and just filed the 485 and EAD for myself and wife.

If I decide to move to a different job (similar but not in academia where I am at now), will it affect my future green card renewal or citizenship application?

Appreciate your thoughts and inputs.

thanks.
correct me if i am wrong!
I am not sure whether you can do that for Eb1-OR case till you get approval (of I-485).Changing employer will affect your I-485 too as most cases they ask for EVL towards end and if you can't provide that with same employer ...you are in problem!!! This is the issue which is making most of the researchers (low paid job) frustrating.
 
eb1doc,

so what you saying is AC21 does not apply to EB1 OR (eb1-ea does not need a job if i understand it right). What if the employer does not have funding to support the eb1 or applicant till the end of 485 approval?
 
bhakum said:
eb1doc,

so what you saying is AC21 does not apply to EB1 OR (eb1-ea does not need a job if i understand it right). What if the employer does not have funding to support the eb1 or applicant till the end of 485 approval?

I will wait for experts opinions on this issue.
My knowledge is limited on this issue.
Eb1-OR needs job.
NIW sometime don't need job offer.
Brian etc...suggest us!

I know one case in our near by lab with chinese postdoc who couldnot get I-485 approved as he failed to present EVL from the employer who filed his EB1-OR.

I also remember reading in thsi forum body ..that ....even after approval you need to stick to your employer for a while 2-6 months to avoid ethical fraud.....
 
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I think you are right as I have been reading about this issue in the forums.

Just got a good offer and now i cant go anywhere due to the 485. I should have filed 485 concurrently. But I did not, as afraid of the problems of getting married after 485 approved and all that. I assume USCIS treats concurrent and non concurrent in the same way in terms of the processing times. So atleast an another year or more of waiting. Have you heard any cases of quick approval of 485s (non concurrent)?

thanks, eb1 doc for your inputs.
 
Well ....for me it is debateable query about concurrent and concurrent. I beleive both takes same time. What i mean is 1. If I file I-485 concurrently in JAN 2005. They will start processing from JAN 2005. 2. If you file in June 2005. Your case will start from june 2005.The amount of time taken for both is same. I beleive there is nothing that concurrent I-485 are processed faster. It is just that concurrent filers get releived as after I-140 approval they already have some processing already done on I-485 case. Like i feel good that Fp1 & Fp2 is done till I-140 approval. BUt i am other wise mentally prepared for 2 years of wait. Its luck whether you get I-485 fast or not. People do get! look at the case on ncln2000 he got it in 8 months at nebraska. They all said that once Eb3 and EB2 get retrogressed EB1 will move fast.....but i have not seen any such trend so far!!! lets hope for the best!!!
 
eb1doc, As you said, it is highly unpredictable. if i am lucky (not very lucky with my I-140, took 2 yrs for approval) this time, it can be approved quicker. My RD of 485 is aug 14th. I see an LUD on 18th aug. wonder they already sent the notice for FP or intiated the name check? any idea what it would be?
it cant be for the sending the receipt notice because i received them on 18th, the same day of the last LUD (without any email update).
 
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