AC21 Usage

[BostonGCVictim]

Now that there are so many of us who are AC21 eligible(whose I-140 has been approved and 180 days have passed since filing I-485), I would like to start a thread to look ahead into the future by using AC21. Who knows when we may get the GC but in the meantime we should fully utilize the provisions available to us under law. I have some questions, the answers to which are difficult to obtain commonly:

Assumptions: I-140 is approved and 180 days have passed since I-485 is filed.

Q1. I know you can change jobs in the same profession using AC21. What is the procedure? Do we have to file any new forms with USCIS(/BCIS)? Or can we just take a new job and show the EAD while accepting employment?

Q2. What if we do not use the EAD yet but get H1 transferred instead? Will that affect the I-485 process? Do we have to refile I-140 with new employer?

Q3. After the 6th year of H1, can we get 3 year extensions even with the new employer? Will that affect the I-485 process?

If anyone has used AC21 or has enough knowledge on the process then can you share the knowledge with other folks here.

Thanks

 

[Grandhipal]

These are hard to answer? These are covered in FAQs for the most part. There is no form or standard USCIS application for AC21. You (or your lawyer) send a letter to USCIS informing about the job change and show how it is with similar responsibilities as the previous job etc. Someone actually comipled a sample letter for this along with recommended documents to submit etc and posted it on the forums. You could dig it up.
Using H1 or EAD is separate from AC21 and it doesn't affect the current GC in progress. However each approach has its own advantages or trade-offs. You don't refile I140 with new employer as part of AC21. However you could do that under special circumstances. Some people might switch employers, re-start GC from scratch (LC) but benefit from the priority date from the GC filed by previous employer. There are few complex scenarios/situations which warrant those steps but it is not the only way.
Typically you don't get 3 year extensions on H1. Instead you get 1 year extensions. I believe if one hasn't filed for 485 (due to retrogression or something) and it has already been over a year of filing labor thats when they get 3 year extensions on H1.

I have recently changed jobs (using EAD) but yet to file for AC21. My lawyer is working on it now (hopefully).