Ac21 After I-485 Approval?

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waiting4I140

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Gurus Please comment: Ac21 After I-485 Approval?

Hello All,

I left my GC filing company (COMP-A) and joined my current employment (at COMP-B) after I completed 180 days of I485 filing (with consent). *** I DIDN'T USE AC21.*** Recently I got my I485 approved and also got my PP stamped.

Now I wanted to know what I need to do? Currently I am working with COMP-B and wanted to continue. Will this create any problem for future? Do I need to go back to the COMP-A (I am not sure if they will take me back)? BTW, COMP-A is very cooperative.

Please advice.

Thanks in advance!
Waiting!
 
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You have already used Ac21 to change jobs. Even if you did not inform USCIS, practically you have used the provisions available under the law and law backs you for this change. So I don't see why you need to go back to the sponsoring employer. You should be OK.
 
I din't use AC21 yet!

will_get_there said:
You have already used Ac21 to change jobs. Even if you did not inform USCIS, practically you have used the provisions available under the law and law backs you for this change. So I don't see why you need to go back to the sponsoring employer. You should be OK.
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I din't use AC21 yet. What I should do now?

Thanks!
 
waiting4I140 said:
I din't use AC21 yet. What I should do now?

Thanks!
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When you changed the jobs while 485 is pending for 180 days, and I-140 is approved (I assumed, as you didn't say), you've invoked AC-21 (though you didn't inform USCIS).

Now you don't have to do anything, other than staying with your current employer for some time to prove your intent, before changing the job again.
 
My I-140 Was not approved when I changed job.

ar888 said:
When you changed the jobs while 485 is pending for 180 days, and I-140 is approved (I assumed, as you didn't say), you've invoked AC-21 (though you didn't inform USCIS).

Now you don't have to do anything, other than staying with your current employer for some time to prove your intent, before changing the job again.
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My I-140 was NOT approved when I changed job but I had EAD (and completed 180 days of I485 filing). I changed with consent of my previous employer.

After I changed, I got my I140, I485 approved.

Thanks!
 
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That is Cool!!!

Man...I am wonder struck....I dunno what to say....there are folks here who say that u MUSt have your I-140 approved before moving along...and here is a case which violates that statement...In anycase Dude! enjoy your Permamant Residency....Guess the AC21 rule is not so strict about quitting before I-140..but more to do with completeion of 180 days post applying for I-485....or maybe you are an exception.
 
If your I-140 is not approved by the time you changed your jobs, technically you didn't use AC-21 and your previous employer still is your GC sponsor. Theoretically speaking, you should work for your sponsoring employer after getting your GC, at least for some time. Whether you go back to your sponsoring employer is entirely up to you, as there is no concept of 'AC21 After I-485 Approval'.
 
What will happen After I get the GC?

ar888 said:
If your I-140 is not approved by the time you changed your jobs, technically you didn't use AC-21 and your previous employer still is your GC sponsor. Theoretically speaking, you should work for your sponsoring employer after getting your GC, at least for some time. Whether you go back to your sponsoring employer is entirely up to you, as there is no concept of 'AC21 After I-485 Approval'.
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If I don't go back to my previous employer will that create any problem?

Will it be a problem in getting Citizenship?

Thanks!
 
Chill out dude. You got you GC, thats whats important. Let by gones be bygones, its no big deal. You are trying to create an issue where there is none.

Please don't reply with another, I did not use AC21, what to do. You use AC21 automatically when you change companies (even though I-140 was not approved, this would have been an issue if USCIS raised a query, they did not, so u are all set). You have reached home, don't try to find out whether you should have get a ticket at such and such place, worse don't try to ask the cops this question, if you understand what I mean ;) !!
 
waiting4I140 said:
If I don't go back to my previous employer will that create any problem?

Will it be a problem in getting Citizenship?

Thanks!
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This is what USCIS says in one of their memos..
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It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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OK, now I get it. You have not really used AC21 cause you did not wait for 140 approval and also did not send out AC21 letter and neither there was any EVL RFE from USCIS which would have forced you to come clear whether you want to use AC21 or not.

So technically you have got green card as future job. You sure will have lot of problems in citizenship ( and even you GC may be revoked due to fraud) if you do not immediately join the sponsoring employer. One should start working for the sponsoring employer as soon as one gets the GC otherwise the GC is technically invalid.

I suggest you consult a lawyer and rightaway join the sponsoring employer for atleast 6-8 months.
 
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