Am I eligible for AC21

9

9296

Registered Users (C)
Hi,
please look at my case and suggest me,

Working on H1B, have EAD

labour substitution

I140 approved 4 months ago

I485 filed 7 months ago

planning to change employer, only concern is because my case is a labour substitution, are there any problems in future if i use AC21?
thanks in advance....
 
I don't think you have any problem in using AC21 because u have passed 180 day mark after filling 485.

Regarding your query about labour substitution that was required for 140 , now 485 has nothing to do with it . since they approve 140 you are all set.

Its no where written that if u got 140 using labour substitution
you cannot use AC 21 (which allows you to change employer after 180 days of filling 485.)

you are all set to go.
 
9296....Have U considered this...

I am considering changing my job also. My I140 was approved in February 2003.

According to Ac21 regulations, you can change your job upon 180 days of 1485 filing and approved I140. However, your present company can still revoke your I140. If they do, there is a chance that BCIS may revoke ur I140 and send you a "Notice of Denial". In that case if you are working on EAD you may be out of status. U will have to file for "Motion to Re-open" anf if you do not have a valid H1 B you will have to go back to ur home country and wait till BCIS concludes on ur case

I am not trying to scare you or anything...This happened to a friend of mine who is now in India and waiting for BCIS to come to a conclusion.


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I am not a lawyer. Neither am I an expert. My statement above may not hold any water.
 
According to new regulations,
If benificiary exercised AC21 after I-140 approval, and 485 passed >185 days then I-140 revocation by old employer is no longer valid.
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According to the Yates Memo, “(i)f the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the I-485 receipt date), the approved Form I-140 will remain valid even if the noncitizen employee changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.”
above content is @
http://www.cyrusmehta.com/news_cyrus.asp?news_id=877&intPage=2
**************************************************

Hope this helps...
:)
 
psinha,

I don't think my old employer can revoke my I140 because I filed my I485 more than 180 days ago.
 
Psinha

I hope you won't mind, but it seems to me that you are trying to scare people. Yr friend made a mistake by not filing AC21 as soon as he changed employer. Still, he should have got only "intent for deinal"
but I don't know what all other mess he might have made.
Any way, please take a look at the memo and seek some attorney if you do not trust the memo or this informative forum.

Sorry, if you take this otherwise.

Tip: Search this formu with "AC21" string.
You will find lots of information..
 
People....

I did not mean to sacre any body. The fact is AC21 is vey loosely defined. Hence, one may choose to look at all the aspects. I am just pointing out certain risks.
 
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