AC21 required or not in my case?

A

August31

Registered Users (C)
I left my GC-sponsor company late last year after my I-140 approved and I-485 pending for a year and took the current job. However, after a few months on the current job, I feel I don't like it. I have not filed AC21 for my current job. Now, I have started to look for a new job. Surprisingly, my old employer has known this from somewhere and is trying to get me back. Their offer seems to be pretty good, and I feel I will very likely take their offer. So I am going back. As I know, they have not revoked my I-140 (maybe they will never do this). Now, I have got a couple of questions:

1) Do I still need to file an AC21 for my current job, considering I may go back to my old employer soon?

2) If I file AC21 for the current job, do I need to file it again after I go back to my old employer?

3) If I don't file it for my current job, it seems to me I may even don't need to bother it after I go back to my old employer since all files are still good. My understanding is that employment-based GC is for the "future job" when GC is approved and the "future" employee even does not have to work for the sponsor before GC is approved. If this is true, my current job can be anything and does not constrained by AC21, again considering I am going back to the old employer. Am I right?

Your responses are greatly appreciated!!
 
Last edited by a moderator:
August31 said:
I left my GC-sponsor company late last year after my I-140 approved and I-485 pending for a year and took the current job. However, after a few months on the current job, I feel I don't like it. I have not filed AC21 for my current job. Now, I have started to look for a new job. Surprisingly, my old employer has known this from somewhere and is trying to get me back. Their offer seems to be pretty good, and I feel I will very likely take their offer. So I am going back. As I know, they have not revoked my I-140 (maybe they will never do this). Now, I have got a couple of questions:

1) Do I still need to file an AC21 for my current job, considering I may go back to my old employer soon?
-------------- if you are going back with employer who filed I-140 for you then you dont need to file AC21
2) If I file AC21 for the current job, do I need to file it again after I go back to my old employer?
------------ if you are going back why to file AC21 for current employer????

3) If I don't file it for my current job, it seems to me I may even don't need to bother it after I go back to my old employer since all files are still good. My understanding is that employment-based GC is for the "future job" when GC is approved and the "future" employee even does not have to work for the sponsor before GC is approved. If this is true, my current job can be anything and does not constrained by AC21, again considering I am going back to the old employer. Am I right?

Your responses are greatly appreciated!!
Click to expand...
------- Employer A filed I-140 you left A and working with B, if you want to work with B permanently then file AC21 BEFORE I-485 gets approved. If you are going back to A then no need of filing AC21
 
Qn#1: In the same scenario, what If I filed the AC 21 with the new employer and going back to old employer; Do I need to file the AC21?

Qn# 2:As we have to work for the GC employer after approval, are we binded to work for the employer, who filed the AC-21 after approval of GC. Or we can move to any employer after the GC approval?
 
gcnation11 said:
Qn#1: In the same scenario, what If I filed the AC 21 with the new employer and going back to old employer; Do I need to file the AC21?
--------------- you need to update USCIS service center BEFORE I-485 gets approved.if you have sent AC21 request then USCIS will approve I-485 based on the recent letter. if you need to go back and dont need AC21 and filied AC21 request should be made to USCIS and send the job offer letter of the employer you want to work
Qn# 2:As we have to work for the GC employer after approval, are we binded to work for the employer,
who filed the AC-21 after approval of GC.
--------------AC21 AFTER approval of GC?????? AC21 is filed BEFORE I-485 gets approved
Or we can move to any employer after the GC approval?
------------- if I-485 was approved based on company A job offer letter then work with A for 6 months if I-485 approved based on employer B job offer letter then work with B for minimum 6 moths before moving to C or D
Click to expand...
 
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