AC 21 clarification

A

al_paso

Registered Users (C)
Now, I have seen several posts regarding AC 21 in this forum and here is what I don't understand..

There is a belief/notion that if you apply for a green card for a future job and do not join the company it could cause problems with future citizenship applications.
Now as per AC-21 if you have a I-140 approved and your I-485 is pending 180 days or more you can change employers. In this case too you are not joining the employer that had originally filed for your green card.

Won't this cause problems with citizenship too?
 
Sorry to sidetrack this thread. To change employers, do I have to have I-140 approved (besides EAD and I-185 pending more than 180 days) ?.
Can someone post the link where these rules are defined in the USCIS website ?. I would appreciate that.
 
Thanks for the response unitednations..
I would have preferred a detailed answer for my main question and a simple answer for AC-21. (I know what AC-21 is all about):)

bmt74..

--I-140 HAS to be approved.
--EAD has to be approved
--I-485 has to be pending 180 days or more.
--New job has to be similar in nature. (e.g if you are a software guy you can't switch to flipping burgers at Burger King!!)
--No significant salary difference from salary in original LC

There was a memo on murthy site that explains all this.

Hope that helps.
 
bmt47
you can change employers without having your I-140 approved but you would have to start your GC process from .Step 1 with your new employer.
 
al_paso, I just called USCIS office and asked this question. They said I-140 doesn't need to be approved (I udnerstand other conditions remain the same as you mentioned).

minn_labor, I don't think anyone would want to start over the GC process with the new employer, :) atleast not me !!!.

I posted that question because my client wants to hire me, but they don't hire H1B's
 
bmt

I didn't think you would want to start the GC process from scratch but I just felt like posting that response...maybe it might be useful for someone else.

Just realize the consequences once you join your client on EAD without I-140 approval.

I too was entertaining thoughts of jumping ship and changing jobs once I got my EAD. But then decided to wait for my I-140 approval. Now I think i will change jobs after the 180 days.
 
Whoa!!!
You called BCIS and they actually told you that!! I am amazed!! Well, now that we think about it this might be "theoretically" true! Just the kind of answer you would expect from a customer rep I guess!

However....think deeper...
The issue of AC-21 has been a gray area ever since it came about and numerous law firms have pestered BCIS to provide concrete details on this. Murthy folks have done some good work on this and I believe (if I am not mistaken) the latest memo from BCIS was in August of 2003.
Most of the law firms will tell you that AC-21 should not be used if I-140 is not approved, period.

Apart from that it is also your call, consider a situation where you switch and you get an RFE which goes to your old company who no longer employs you or considering the economy your old company revokes the I-140 and decides to use it for another employee. Your EAD, AP, AOS everything is denied and if you do not have a valid work visa to fall back on you are out of status!
It is a question of your own future so think twice before taking such a decision. The customer rep at the 1-800 number is not going to give you the bigger picture !!

Hope that helps! Best of luck!!
 
Al paso,

Here is my case:

Concurrent processing
Filed I-140, I-485, EAD and AP on Sep 26, 2003.

EAD and AP approved on Nov 11, 2003

My employer will not revoke my I-140 application, if I change employers.

I don't want to rely on my lawyer because he told me that my EAD will be approved only after I-140 is approved. Today it has been proved wrong !!.

This is all I need - If you are so sure of your statement ""I-140 needs to be approved to change employers", can you show me in the USCIS website ?.

To my knowledge, it has been a grey area. So others, please feel free to add your inputs .

Thanks !!
 
Thanks for posting the memo unitednations..
Notice how the memo starts and forms the basis that you have an approved I-140.
Also, like I said it's your call....
Believe me, lawyer's sometimes play the "devil's advocate" and are critical about a lot of things, sometimes to your own benefit.

I just made you aware of the risks involved (of course now we have the memo document it clearly implies that)...
Best of luck!!
 
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