AC21 and EB2-NIW

GCforTRAVEL

Registered Users (C)
Hi,
I have I-140/EB2-NIW approved and I-485 pending at TSC (ND Oct. 2005).

Recently, ~4 months back, I started working with a new employer (same field as NIW) using EAD after having worked on H1-B for 2 years.

Do I need to file this AC21 or inform USCIS about employer change?

Thanks for your response!
 
Hi,
I have I-140/EB2-NIW approved and I-485 pending at TSC (ND Oct. 2005).

Recently, ~4 months back, I started working with a new employer (same field as NIW) using EAD after having worked on H1-B for 2 years.

Do I need to file this AC21 or inform USCIS about employer change?

Thanks for your response!
NIW is not employer dependent, so you can switch but make sure you comply with ETA-750A (uncertified) job description/classification mentioned therein. For me AC21 is a subset of NIW. Safe side, get a letter (EVL - Employment Varification Letter) from the current employer that you work in same and similar job classification. You could invoke AC21 any time by sending relevant papers, even at the time of interview, if called for, you could show your EVL.
 
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