AC21 when I140 pending

[adv4me]

Hello,

Filed I-140 and I-485 concurrent based on substitute labor 2 years back.
I-140 is still pending.

Can I take advantage of AC21 to change the employer ?

Thanks.

 

[EricS]

Hello,

Filed I-140 and I-485 concurrent based on substitute labor 2 years back.
I-140 is still pending.

Can I take advantage of AC21 to change the employer ?

Thanks.

IMO, No.
Let me explain it. You 'can' go and join another employer, but you will not be covered under AC21. That means that if this current employer withdraw pending 140, your 485 will be denied. If you wait and 140 gets approved, then you change the job, even if employer revoke the approved 140, your 485 can be saved.

Why don't you upgrade the 140 to premium processing

 

[adv4me]

Thanks Eric,

I can not file I140 premium processing as my I140 based on missing original substitute labor.
There are many threads for I140 based on missing original labor.
what I dont understand is, why so many orginal labor approval get missed ? trick to increase processing time, I would think.

Thanks.