AC 21 - Need valid H1 status?

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bbli

Registered Users (C)
Hi, I need your advice. :confused:

If I want to change job utilizing AC 21, do I need to be in a valid H-1 Status? My 7th years H-1B had expired and I'm currently using EAD to work for my current employer (who sponsors my GC). My I-140 has been approved and I-485 is pending for more than 180 days. I read it in some other immigration website saying that I can't change job if I no longer hold a non-immigrant status, which is the H-1B. According to that, the EAD will only allow me to work for my current employer and possibly a part-time job if desired.

Is this right? I read thru all the threads in this forum but I can't find anything that agree with that. I would trust anyone in this forum rather than that other website. So, please advise.

Thanks in advance,
bbli
 
Last edited by a moderator:
bbli said:
HI read it in some other immigration website saying that I can't change job if I no longer hold a non-immigrant status, which is the H-1B. According to that, the EAD will only allow me to work for my current employer and possibly a part-time job if desired.
Click to expand...

That web site is absolutely incorrect. You need a valid non-immigrant status in most cases to file an I-485, but that's about it. Hundreds (if not thousands) of people have switched to a new job via an EAD and successfully used AC21. I am one of them.
 
One more quick question.

Thank you TheRealCanadian. I appreciate your reply.

Anyhow, just a quick question. I would assume after I changed job, whether I report AC 21 or not (I read in the threads that some people don't report AC 21 and just hope to get by with it, or wait for the RFE later), I can renew my EAD/AP with the new employment. Right?

Thanks in advance.
 
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