AC21 - Job change

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Positive4GC

Registered Users (C)
gurus,

My I-140 is recently approved and 485 pending for more than 180 days. If I want to use my AC-21 with my current client, what are my options. What if my current employer cancels my I-140 before I join my client. Can he also cancel my 485 application. How can I settle this matter without any impact to my GC convcing my current employer. Also the client salary may be 25k+ than my labor mentioned amount. Let me know my best options here.

Thank you,
Positive4GC
 
Positive4GC said:
gurus,

My I-140 is recently approved and 485 pending for more than 180 days. If I want to use my AC-21 with my current client, what are my options.
-------------- use AC21, get letter from new employer with same/similar job duties and request USCIS to invoke AC21 by sending new employer permanent job offer letter+I-485 filing reciept copy+ cover letter to request for AC21
What if my current employer cancels my I-140 before I join my client.
------------- employer can cancel or withdraw the I-140 BEFORE I-140 gets approved. After I-140 is approved he can send a letter to USCIS to revoke the I-140, if that happen you are safe as your I-140 is approved and I-485 pending more than 180 days and are eligible to use AC21
Can he also cancel my 485 application.
--------------NO, I-485 belongs to you
How can I settle this matter without any impact to my GC convcing my current employer.

Also the client salary may be 25k+ than my labor mentioned amount.
------------- that is not a problem if job duties are same
Let me know my best options here.

Thank you,
Positive4GC
Click to expand...
 
Positive4GC said:
gurus,

My I-140 is recently approved and 485 pending for more than 180 days. If I want to use my AC-21 with my current client, what are my options. What if my current employer cancels my I-140 before I join my client. Can he also cancel my 485 application. How can I settle this matter without any impact to my GC convcing my current employer. Also the client salary may be 25k+ than my labor mentioned amount. Let me know my best options here.

Thank you,
Positive4GC
Click to expand...

When your I-140 is approved, and I-485 is pending for more than six months, you are good to invoke AC-21. Once your I-140 is approved, your current employer can't cancel it. I-485 belongs to you, there is no employer part on I-485. Your salary doesn't matter, all it matters is company ability to pay the prospective employee.
 
Am I eligible for AC21?

I was laid off before 140 approved and 485 pending for 180 days.
After the 180 days, my 140 approved. Currently 485 is still pending.

Am I eligilble for AC21? My lawyer insist I am eligible under the new memo. But I am not quite sure. Please help. Thank you.
 
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