Ac21- Hadron And Posmd

D

DRVR

Registered Users (C)
I was reading the forum and noticed that some one had a question where he wanted to apply for AC21. I am not sure if there is something to apply for AC21 . If I am right you just use that rule and there is no formal application right. This is applicable for Labor based certifications. I dont think that would apply for NIW if you have finished 5 years.

Thanks for your input.
 
It only applies to labor cert based I140s to my knowledge.

To my knowledge, there are two ways to go about it:

1. send an informal letter to USCIS with your I485 and I140 receipt numbers stating that you change jobs under AC-21.

2. do nothing. In case USCIS sends you an RFE asking for an employment verification letter, you have to declare your change under AC21 at that time.

Advantage of method 1 is that even if your employer withdraws the I140 (in order to use your labor cert for your successor), you are safe. If the employer withdraws it without you having declared your AC-21 jobchange, your I485 will be automatically denied.
 
Ac21

Ac21 is for a job change to a similar job. In otherwords, job description, salary etc should be similar to the original position for which labour certification was filed and on which basis the 140 and 485 were filed.

As such a fellowship might not be acceptable, it is best to discuss any move with your lawyer so that he/she feels they can defend your petition.
 
I have just finished NIW 5 years and never went through labor certification.
So AC 21 should not apply for this situation right.

Thanks Hadron and POS MD
 
ALSO wanted to add that it was a self petition and my I 140 has been approved and I have sent in all the completion letters (NOTARISED) from the VA stating that I have finished 5 years of NIW on H1 after changing from J1.
 
> So AC 21 should not apply for this situation right.

No. You have a statutory right to ga greencard based on your VA or HPSA/MUA service for 5 years. Different isse.
 
Hadron.
Thanks for spending time to give your suggestions and sharing information. Will keep you posted.
 
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