AC21 and EAD/AP Renewal Strategy

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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?

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)?

Any thoughts on this? Thanks.
 
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circa said:
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?
Click to expand...

USCIS is not going to "approve" your use of AC21 until the I-485 itself is ajudicated.

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.
Click to expand...

The only criteria used for EAD eligibility is that you have a pending adjustment petition. Sending in this kind of information is completely unnecessary. You do not even need to be employed to get an EAD.
 
Thanks TheRealCanadian!

A quite interesting observation is that "USCIS is not going to 'approve' your use of AC21 until the I-485 itself is ajudicated. "

So basically, USCIS just put the AC21 notification you send to them in file and not look at it until I-485 adjudication, or in the case that old employer revokes approved I-140, to check against and 'approve' AC21 before issuing a NOID.

Has anyone seen any RFE on AC21 itself (for similarity of two jobs, etc)? It would be interesting to know.
 
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