AC21 Eligibility

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worldcitizen

Registered Users (C)
MY 485/140/EAD were applied in Oct 2003. My 140 and EAD have been approved.

I have got some perm job opportunities.

1. Can I quit my current job using AC-21?

2. What will happen if my current employer withdraws I-140( which is already approved)

3. What will happen if current empl does not give employment letter? How does it affect me later on in my 485 process?


Thanks guys!
 
worldcitizen said:
1. Can I quit my current job using AC-21?
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Assuming the new job matches the one for which the LC / I-140 was done, yes. That said, nobody knows for sure how similar the jobs have to be so the more the job differs, the riskier this is and the more that the salary differs (to the extent that it can't be justified due to geographical differences etc.) the riskier.


worldcitizen said:
2. What will happen if my current employer withdraws I-140( which is already approved)
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If you've done AC-21 proactively (filed for it as soon as you join new employer), things should be fine -- the I-140 will remain valid. If you haven't filed AC-21, your lawyer will be sent a NOID and you'll have to respond with AC-21 information. I'm not sure if you get a copy of the NOID and I'd verify this. I've heard of one person having issues because he never found out about the NOID. Obviously if you change lawyers or file an new G-28 (?) to say that you are representing yourself now then you should get any correspondance directly.


worldcitizen said:
3. What will happen if current empl does not give employment letter? How does it affect me later on in my 485 process?
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Shouldn't matter as far as I know. I'm also

a) confused as to why you think you might need this -- if your I-140 is approved then you already provided all the educational / experience evidence that you need and usually experience gained after the LC is filed can't be used anyway?

b) wondering if an employer can really refuse to provide confirmation that they employed you for X years doing job Y (along with salary information) -- anyone know?

ETA
 
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worldcitizen said:
Thanks ETA_GC

Does it matter that I haven't done FP1 or FP2 yet? Does it affect AC-21 eligibility in any way

Thanks
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Shouldn't matter at all as far as I know. The key is that the I-140 be approved (and even that requirement might be phased out).

ETA
 
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