AC21 ---Please Please Advice

S

Sidhdhi

Registered Users (C)
Hi Friends,

I need your suggestion in invoking the AC21.I applied my 485 concurrent in May this year and teh 180 day period end pretty soon.I may have to switch my job after that.So my doubts are

1) Is the 180 day period from the I485 applying date? or th I140 approval date?

2) My I140/EAD are approved in aug/july respectively.Is it ok
to invoke AC21?What documents do I need to secure from my current employer just in case if I need them in future,after I move to the new company.What kind of precautions do I need to take when I actually switch the Jobs?

3) Is it ok to switch the Jobs this early.

Please advise..

Thanks
Siddhi
 
from ehat i know

You'll be in trouble only if your application is approved before 180 days. As long as you have the EAD you can shift to a similar job.
 
Originally posted by pingpong02
Sidhdhi,

To the best of my knowledge the 180 days clock for I1485 wait starts from the time I140 approval date.
Click to expand...

Don't think so, if the 485 application is pending for 180 days from the date of filing and the 140 is approved, one can change jobs using AC-21. 180 days period is nothing to do with the date of 140 approval.
 
Thanks to you all guys for responding to my question.The doubt is still lingering in my mind( I guess it will be there for sometime).But I called a good attorney locally and she told me very confidently that it is 180 days from the "notice" date.She advised me to take the PART A of the ETA for the LC description in case of moving to a new job and that the title could be different but the job description should be similar.


Please let me know ur comments on this.

Thanks once again.

Sidhdhi
 
Thats is clear, but is that per the old rules,where in you get the I140 approved and aply I485 and then wait 180 days to change the jobs? In that case what pingpong says is absolutely right.How do we interpret this, with the changed rules?

Please shed somelight on this.
Iam sorry if iam digging deeper into this.


Regards,
Sidhdhi
 
Better to be safe than sorry

unless u r willing to take a very good immigration attorney's help as this AC21 concept in itself is new and there are several interpretations, not to mention the various conflicting rules of USCIS.
 
Sidhdhi,

Okay here is what I found.

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf



http://immigration.about.com/library/weekly/aa090903b.htm
 
Last edited by a moderator:
You must log in or register to reply here.
Top