Approved I-140, I-485 pending less than 180 days. Is it safe to change job (AC21)?

K

Kryo_17

New Member
Pls help.
I believe my current job is at risk so I'm looking for alternatives.
1- Is it safe to accept a job offer (similar job) with a new employer under these conditions?
My I-140 was approved recently (it took approx. 1 year).
My I-485 is pending for only 40 days

2-Should I use EAD (not issued yet, but expected anytime soon) or valid H1B to accept the new job?

I am aware that I do not meet the "by the book" rule of approved I-140 AND more than 180 days of pending I-485 in order to safely change jobs and claim AC21.

Any help is greatly appreciated,
Kryo_17 :rolleyes:
 
Kryo_17 said:
Pls help.
I believe my current job is at risk so I'm looking for alternatives.
1- Is it safe to accept a job offer (similar job) with a new employer under these conditions?
My I-140 was approved recently (it took approx. 1 year).
My I-485 is pending for only 40 days

2-Should I use EAD (not issued yet, but expected anytime soon) or valid H1B to accept the new job?

I am aware that I do not meet the "by the book" rule of approved I-140 AND more than 180 days of pending I-485 in order to safely change jobs and claim AC21.

Any help is greatly appreciated,
Kryo_17 :rolleyes:
Click to expand...


I believe changing jobs before 180 days of 485 is risky if ur employer.
revokes ur 140
 
Kryo_17 said:
Pls help.
I believe my current job is at risk so I'm looking for alternatives.
1- Is it safe to accept a job offer (similar job) with a new employer under these conditions?


My I-140 was approved recently (it took approx. 1 year).
My I-485 is pending for only 40 days
------- ---it is NOT safe, to use AC21 you need your I-485 pending for 180 days and I-140 approved, at this time you are not eligible to use AC21 and employer can revoke the approved I-140
2-Should I use EAD (not issued yet, but expected anytime soon) or valid H1B to accept the new job?
---- if you HAVE to change then join new employer with H1 transfer and request your past employer not to revoke the I-140

I am aware that I do not meet the "by the book" rule of approved I-140 AND more than 180 days of pending I-485 in order to safely change jobs and claim AC21.
---when you are aware then why this posting? you know that you dont qualify to use AC21 at this time
Any help is greatly appreciated,
Kryo_17 :rolleyes:
Click to expand...
 
lets say if 140 approved and 485 < 180 days and somebody is fired
or laid off can they user AC-21?

in this age of moving IT work offshore, if somebody's employer
wants to send them offshore and he/she denies it, can he/she
use AC-21?
 
your physical location is not an issue, as long as you are still employed by the original US company and you have valid AP.
 
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