AC21 and EAD/AP Renewal Strategy - cross post

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circa

Registered Users (C)
In the case of job change using AC21 (I-140 approved, I-485>180 days), I know many people are wondering whether they should inform USCIS about AC21, or wait until RFE/Approval to come in the end.

What if I need to renew EAD/AP after job change? Would it be a good idea to inform USCIS proactively about AC21, get their approval on AC21 before I renew EAD/AP?

That way, I don't have to convince USCIS on two issues at once: a) AC21 eligibility. 2) EAD/AP eligibility. Otherwise, should they raise any question on AC21 and cause EAD renewal delay, it may jeopardize my job.

Has anyone done AC21/EAD renewal at the same time? Or EAD renewal doesn't necessarily have to implicate AC21 at all?

Any thoughts on this? Thanks.
 
hi,

I changed my JOB after > 180 of 485 without 140 being approved. After the change i applied for EAD renewal and it was approved within a month. however havent recevied the card yet..

thx
 
EAD and AC21 notification process are 2 independent proceesses...None are dependent on each other...EAD does not reuquire you to provide proof of employer...

Also, technically you are not required by law to notify INS about job change...Although a very good practice....Again....INS will send RFE anyway whether you change jobs or not and inform them about AC21....
Please dont misconstrue using AC21 as a means of changing job and avoiding RFE....all the best
 
When I was filing my EAD, the lawyer indeed asked me to include a letter from employer to say they're still hiring me on permanent basis, plus pay stubs. I'm not sure if such measure is overkill, if proof of employment is not required for EAD purpose.

Are people generally NOT including employment proof while filing for EAD?

Has anyone ever had any problem applying for EAD due to employment status issues (with valid pending I-485, of course)?

Thanks.
 
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No havent filed for AC-21..my previous employer is NOT revoking the 140 petetion...unless they decide else..i am taking the chance..i have also transfered ny h1 to the new employer..
 
rock1, CIS will find out your change of employment from the new H1. It's not preferable if you just want to quietly wait for I140 approval to come through without the complication of AC21.

At this stage, I think your best bet is still to wait until an approval or an RFE. If it's an RFE, you may need to ask the new employer to file AC21 for you. However, it's still unclear if CIS will take AC21. A risk but you never know what's going o happen.

Good luck. please update all of us if there is any new development in your case.

I have also sent you a private message.
 
whorl1quote,
My new employer is ready to file for AC-21..however i have asked them to wait..i dont i have anyother choice...if the RFE comes then we can file for ac-21...whether they accept or not..dunno..its a chance i had to take.
i will defintely update the forum with any new developments
 
rock1, maybe I'm missing something in your story. But how could AC21 hurt if the new employer files it for you, while you're on new H1? I might apply for new H1 too if I change job. I think many people actually prefer to stay on H1 to avoid putting too much stake on I-485.

Would like to share your insight on this issue. If you'd like, you may send me private message, if not convenient to discuss on public board.

Thanks.
 
circa,

the thought is just in case without a rfe my case gets approved. if i apply for ac-21 then it might initate some extra questions cause my 140 is not approved. offcourse they might still know cause of the h1 transfer..its a long shot anyway.I joined the new employer on h1 cause i didnt want to use my EAD cause in case my 140 gets deined i will be left in the dark..
 
rock1, thank you for the clarification. I think that's sensible approach if I-140 is still pending. But as GC is for future employment, so in theory, you current employment status (e.g. H1 with new employer) shouldn't affect your I-140 at the old employer. Nobody knows if you've made arrangement to work for them again upon GC approval, unless they ask by RFE. Then you can use AC21 to reply and support your new situation. But you don't have offer more info than you have to upfront.

By staying on H1 and keeping the job safe, though you might also have let USCIS know of the job change, yet H1 indicates no intention, or lack thereof, about future return to the old employer. So it should be compatible with the pending I-140. But AC21 is like explicitly saying: I'm leaving you for good. I would definately suggest against it at this time.

Wish you best luck!
 
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thank circa..what you say makes perfect sense...the critcal thing would be for my GC employer to respond to any RFE's when they arise..banking on that...:)

thanks
 
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