Can AC21 filing be avoided to join another employer?

[raaj97]

If all the requirements are met to change over to another employer with I485 pending>180 days and I140 approved, can one join another company and start working without filing AC21? In such a case what are the repurcussions?

If I start working for another employer, not filed AC21 and my I485 is approved, what would be the result?? Am I still liable or expected to inform the USCIS?

I am planning to change the employer and spoke to one company and it says they will file AC21 only if they get RFE? But unless we inform USCIS how does it come to know about our change of employer?

Attorneys/Gurus please give your thoughts and inputs.

Thnx in advance..

 

[brb2]

Technically you are right. A green card is for future employment. One could file labor and then I140 from overseas do a consular and then enter the US to work for the sponsor. Thus if your original employer gives you a letter that after GC they have a permanent position for you that is good enough. One could then use H1B to switch jobs.

 

[bhayanak]

If all the requirements are met to change over to another employer with I485 pending>180 days and I140 approved, can one join another company and start working without filing AC21? In such a case what are the repurcussions?

---there is no obligation on your part to invoke/file AC21. The memo says that it is "expected" and NOT "required" of the beneficiary to inform CIS.

If I start working for another employer, not filed AC21 and my I485 is approved, what would be the result?? Am I still liable or expected to inform the USCIS?
--
result: you should be happy...
once 485 is approved, AC21 is history...

I am planning to change the employer and spoke to one company and it says they will file AC21 only if they get RFE? But unless we inform USCIS how does it come to know about our change of employer?

--they are right....you can always respond if CIS asks for it later in form of a NOID or else.

Attorneys/Gurus please give your thoughts and inputs.

--- i am neither an attorney nor a guru, but i still provided you my thoughts!
Thnx in advance..