AC21 - after 180 days

S

sav4

New Member
My I-485 , RD 07/03/2002, EAD, AP and FP done in Aug 2002. Unfortunately since the filing of 485 my ER had no work for me and hence no pay. Filed from CT at VSC. Now I have an offer in NJ in the same filed as my LC, as it is over 180 days can I accept this offer and file for AC21. As per my current attorney he is reluctant to file AC21 and even mentioned that the application may have to be withdrawn as I did not work since 485 was filed, though I have been waiting for the past 6 months for the sponsoring employer to provide me work and my employer is almost closing down now. I am confused as to my course of action and any thoughts would be appreciated.
Thanks
 
I was exactly in the same situation where you are now.
I changed my company and today is my second day at my new work place. My Attorney suggested that we will inform INS after few months when I have atleast 4 pay stubs in my hands.

But I was fortunate to get other job in same city, so I am not changing my address.

I have taken this decision with positive thinking, rest as GOD wishes.

Wish You Good Luck
 
Few questions regarding changing employer after 180 days.

What is the procedure in terms of informing INS about the change of employer after 180 days.

My employer filed for my I-485, EAD and AP. Even though i have the receipt numbers and dates i do not have any photo copies of the receipts from INS.

If i change my employer after 180 days, do i need any information from the employer or the attorney of the employer?

I understand that the attorney will not provide me with any information after i change the employer, as the fee is paid by the employer and not by me.

Any suggestions would greatly benifit me in deciding as to change the employer or not.

Thanks
 
You should try to get the copies of the following:

1. Copy of Labor certification.
2. Copy of I140. (I guess copy of labor is part of this.)
3.Copy of I485.
4. Copies of Notice of Action (where it shows your EAC #) for I140 and 485.
5. Ofcourse, you would have your EAD - that comes to your residential address.

Having the above would make life easy for AC21. Many employers give it as routine to the employees but some are fussy. Getting this at the time of leaving would be, well, difficult.

Hope this helps.
 
What is the procedure though about informing the INS of the move (filing the AC21)?... I have not found any forms or regulations on what they need on the INS website relating to this.

If copies of some of the stuff like I-140, aren't available (or won't be released by the sponsoring company), I was wondering how detrimentally it would affect the AC21...

Thanks.
 
can change work after 180 days

I think...by using ac21. i will be doing that and going to a "similar " job. I will be moving from midatlantic to northeast. I think that this is no problem because of the 180 day rule.
My view of course.
 
AC21

You may safely change your job after 180 days. There is no need to inform the INS. You can if you want to but the law does not make it mandatory as long as the job is in the same field. If you inform the INS, then you could land up with an interview. The AC21 clause is clear and allows candidates in AOS phase to switch employers after 180 days.
 
you are saying : 180 days after applying I-485 : if one changes employer then there is no need to do anything. right?
i mean changing employer is allowed and legal but are there not any forms to fill or some procedure to follow. i hope you are right and my questions/concerns are stupid.
one related question : wat about applying for a new EAD when current one expires. thanks for all the help people.
 
AC 21

The law says 180 days from date of receipt of the AOS (485).
There are no forms to fill. Just make the change to a new employer. If you wish to inform the INS then it is your choice. You remain in status till the abjudication of your I-485 petition. A renewal of your EAD can be done once you have some pay stubs in hand from the new employer. However, talk to your lawyer. You do need to inform about the change of address as per law within 2 weeks (I think) of moving to a new location. This is important as this law was passed after the Sept.11 incident. I personally don't think you need to worry about changing jobs after 180 days.
 
AC21

AC21 law does not require you to inform BCIS but BCIS has made it very clear that they expect us to inform them. So it is better if you inform them, this way it is less headache .
 
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