advice needed, please help
- Thread starter NSCOCT485
- Start date
I really do not have much knowledge on this subject... buy I feel that it should not be a problem if we change employers after we receive the 485 approval since AC21 even provides provisions to change jobs even when the 485 is pending.
Let what may be the case, I am seriously looking at other options and trying to land in a new job shortly.
Let what may be the case, I am seriously looking at other options and trying to land in a new job shortly.
I think that it should not be a problem. As ‘cinci2002’ said, if changing job is problem with that “ “ time then why they are allowing in AC21. If at all the problem will come in citizenship (6 years, may take 6 ½ years). What is the guarantee that the citizenship laws are not going to change?
Have a nice break.
Have a nice break.
Important note of caution on AC-21 for cinci2002 and everybody else!
there is this common misconception among folks that you can utilize AC-21 to change jobs after GC approval.
that is simply not true!
while some other aspects of AC-21 might still not be clear, it is clear in this respect: AC-21 is available ONLY while your i485 is pending. this might sound strange, but studying AC-21 in some detail explains that:
the portability available under AC-21 is actually the portability of the approved I-140 that underlies the I-485, not of the I-485 itself. and this portability kicks in when the I-485 has remained unadjudicated for > 180 days.
when you use AC-21, essentially what happens is that your new employer "inherits" your approved I-140, and becomes your sponsoring employer. When your employment-based I-485 is approved, it recognizes and "locks in" your new employer as your sponsoring employer.
also, as soon as your green card is approved, the I-140 (and the I-485) become meaningless, i.e. they "go out of scope" to use IT terminology
, therefore the AC-21 PORTABILITY ASSOCIATED WITH THEM IS ALSO NOT AVAILABLE ANY MORE.
this is in keeping with the theory of employment-based green cards: they are approved on the basis of offer/availability of permanent employment. so once your GC is approved, you have to demonstrate your intent to stay with your sponsoring employer by not leaving very soon, which in case you have used AC-21, is your new employer.
in other words, you may change employers by availing of AC-21 before GC approval, but not afterwards!
there is this common misconception among folks that you can utilize AC-21 to change jobs after GC approval.
that is simply not true!
while some other aspects of AC-21 might still not be clear, it is clear in this respect: AC-21 is available ONLY while your i485 is pending. this might sound strange, but studying AC-21 in some detail explains that:
the portability available under AC-21 is actually the portability of the approved I-140 that underlies the I-485, not of the I-485 itself. and this portability kicks in when the I-485 has remained unadjudicated for > 180 days.
when you use AC-21, essentially what happens is that your new employer "inherits" your approved I-140, and becomes your sponsoring employer. When your employment-based I-485 is approved, it recognizes and "locks in" your new employer as your sponsoring employer.
also, as soon as your green card is approved, the I-140 (and the I-485) become meaningless, i.e. they "go out of scope" to use IT terminology
, therefore the AC-21 PORTABILITY ASSOCIATED WITH THEM IS ALSO NOT AVAILABLE ANY MORE.this is in keeping with the theory of employment-based green cards: they are approved on the basis of offer/availability of permanent employment. so once your GC is approved, you have to demonstrate your intent to stay with your sponsoring employer by not leaving very soon, which in case you have used AC-21, is your new employer.
in other words, you may change employers by availing of AC-21 before GC approval, but not afterwards!
answers
> What do you mean by very soon?
to answer this question, i will copy and paste the following question and mr. rajiv khanna's answer from the green card FAQs on this forums parent website:
Q. What is the indication of "permanency" while working with my employer after getting my GC?.
A. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.
> And how much time does one have to find a new employer to qualify for AC21?
it could be any time, as long as it is before GC approval. judging by the posts in these forums, most peoples' lawyers inform the INS/BCIS in writing of the change of employers, citing AC-21.
also, the 180 day rule applies to the length of time that the i485 remains unadjudicated, not as to when you could change employers. so, theoretically, you could change employers as soon as your i485 is officially received by the INS/BCIS, and if your case remains unadjudicated for >180 days, you are ok. in case your case comes up for hearing before that (which RARELY happens), you are in trouble. that is why most people will also wait at least 180 days before changing employers. also, this is the safer route: in case the adjudicating officer does not interpret the AC-21 as outlined above (admittedly this is a liberal interpretation), then you are in trouble again. however, in case of a layoff, AC-21 offers the only hope of keeping your 1485 alive, whereas before this law, there was no hope.
> What do you mean by very soon?
to answer this question, i will copy and paste the following question and mr. rajiv khanna's answer from the green card FAQs on this forums parent website:
Q. What is the indication of "permanency" while working with my employer after getting my GC?.
A. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.
> And how much time does one have to find a new employer to qualify for AC21?
it could be any time, as long as it is before GC approval. judging by the posts in these forums, most peoples' lawyers inform the INS/BCIS in writing of the change of employers, citing AC-21.
also, the 180 day rule applies to the length of time that the i485 remains unadjudicated, not as to when you could change employers. so, theoretically, you could change employers as soon as your i485 is officially received by the INS/BCIS, and if your case remains unadjudicated for >180 days, you are ok. in case your case comes up for hearing before that (which RARELY happens), you are in trouble. that is why most people will also wait at least 180 days before changing employers. also, this is the safer route: in case the adjudicating officer does not interpret the AC-21 as outlined above (admittedly this is a liberal interpretation), then you are in trouble again. however, in case of a layoff, AC-21 offers the only hope of keeping your 1485 alive, whereas before this law, there was no hope.
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