AC21 for job change for NIW petitioner after 140 approval and 485 pending

resal_looc

Registered Users (C)
Can a person with self-petitioned NIW I-140 approved and I-485 pending for more than 180 days change jobs without any problem? Should USCIS be notified of this job change? In other words, should this person follow the same check-list of documentation to invoke AC21?

Many thanks!
 
AC21 portability

My I140 was approved under NIW - but filed by my employer. I have since filed my 485, under the employement based c09 category. Its been pending since october 2004 (way more than 180 days ) - i have not used my EAD yet. I continues with my employer under my H1B. If i change jobs now - and want to use my EAD - do i invoke AC21 ? and how soon after i change jobs do i need to inform USCIS? Please reply if you ahve any information.
thanks a lot


resal_looc said:
Can a person with self-petitioned NIW I-140 approved and I-485 pending for more than 180 days change jobs without any problem? Should USCIS be notified of this job change? In other words, should this person follow the same check-list of documentation to invoke AC21?

Many thanks!
 
my impression

I have the same question on timing.

The prevalent opinion is to prefer H1B transfer over EAD for job change;

There may be no written rule, but if you moved out of the geographical location when you filed I-140, then it is recommended that you invoke AC-21 (i don't know by when though);

any other input???
 
As I understand that the self petitioned NIW does not need file AC21. but if your NIW is filed through employer, it maybe another story.
 
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