AC-21 question (Please help)

S

sizzu

Registered Users (C)
Hi,

My case was filed under concurrent filing. My I-140 got approved and 485 has been filed 10 months back(more than 180 days). Can i use AC21 if i want to switch jobs? Can my employer revoke my I-140 because it was concurrent filing and my 485 was still pending. Please help.

Would the priority retrohression impact me in anyway?

Thanks
 
sizzu said:
Hi,

My case was filed under concurrent filing. My I-140 got approved and 485 has been filed 10 months back(more than 180 days). Can i use AC21 if i want to switch jobs? Can my employer revoke my I-140 because it was concurrent filing and my 485 was still pending. Please help.

Would the priority retrohression impact me in anyway?

Thanks
Click to expand...

Yes you can use Ac21 just make sure you new job is same/similar as mentioed in LC.
Once you use AC21 inform USCIS about the job change with the new Employement letter from new employer . Check the second sticky thread for sample letters on this froum

After you change the jobs if your old empoloyer tried to withdraw your I140 then it won't stand because it is already approved and your i485 is pending beyond 180 days so it won't effect your I485 or I140.

As per the dates going back the only effect is your I485 won't be touched ( technically) if your priority date ( date you fled your labor) is after Jan 2002.

If not then no effect. As per the using Ac21 it should matter what your prirority date is
 
Thanks for the response hmd.

My only concern is, I read somewhere in this forum that i can not use AC21 as my case was under concurrent filing and still the employer can withdraw I-140. Am i being paranoid about it?

Thanks
 
sizzu said:
Thanks for the response hmd.

My only concern is, I read somewhere in this forum that i can not use AC21 as my case was under concurrent filing and still the employer can withdraw I-140. Am i being paranoid about it?

Thanks
Click to expand...
Whatever you are talking it is about the con-current filers in pre I-140 approval stage. since you are already met with both the condition you are good to go AC-21. Revocation I-140 has no affect other then generating NOID.
 
Last edited by a moderator:
It is a Notice of Intent to Deny issued by USCIS if employer revokes 140. If job change has been done prior to 180 days of filing 485 then NOID is not issued but 485 is denied. NOID in 180+ days case is replied to by the petiotioner with a letter from current employer stating job desc, title etc. This would not happen if the petitioner has already sent in Ac21 papers i.e. NOID MAY not be issued.
 
You must log in or register to reply here.
Top