Can I use AC 21,please help UN, Gurus

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whyworry_2003

Registered Users (C)
I am in a bad situation. My I140 is pending in EB3 and it is over 180 days. I had filed concurrently 140/485. I have the EAD. Is it ok for me to use the EAD without 140 being approved. My RD is 07/30 and I am not sure how long it will be before it comes to my case. I have to switch job before May/June. What should I do. Please help.
 
For concurrent filers, I-140 needs to be cleared before changing jobs. Also once you use your EAD, your H1 becomes invalid. You might want to talk to a lawyer.
 
It's very risky that you change job before I-140 approval. Even your ex-employer doesn't revoked your I-140, who will reply RFE which is quite normal these days? I don't think any memo stated clearly using AC21 without I-140 approval. It's gray area and as far as I know USCIS tends to deny such case.


unitednations said:
You can change jobs; as long as the 140 employer will not withdraw/revoke the 140 before approval.

Remember greencard is for a future job. you don't even need to be with the employer when 140/485 is applied. On the safe side to prove intent, it is better to be with the employer until 140 is approved and 485 o/s for more then 180 days.

However, if you have to change jobs before, then go ahead but get assurances from the sponsoring employer that they won't withdraw the 140 before approval.

It was covered by Yates memo that under ac21, there is no need to ever have worked with the sponsoring employer before, during or after greencard was approved. That is the concept of a future job. Even with the future job, you can change intent and use ac21 without even working with the employer who sponsored you for the greencard.

USCIS is well aware of when one chages jobs; simply because people will do an h-1b transfer and it will be in your record that you have changed jobs before 140 was approved and/or 485 o/s for less then 180 days. USCIS hasn't denied any case for someone changing jobs early; they have only denied cases where employer revoked the 140 before the 180 days was up on the 485.
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Thanks for the guidance. Actually my lawyer had said that 180 days is in retrospect from when it was filed so since I filed my I140 and 485 in July 04, the 180 are days are passed. My problem is that my job may be eliminated, it is not a certainity yet. My company has been quite helpful in the past and I am hopeful that they will not withdraw 140. Is there any chance that my 140 will get proccessed soon. The current dates in end of May and mine is end of July so maybe I may have a chance of approval in next 2 months. If I ask my company to wait till 140 is approved then what conditions can I get another job? Is there a chance that in 485 stage any documents will be required from this company if I have to switch?
 
whyworry_2003 said:
Thanks for the guidance. Actually my lawyer had said that 180 days is in retrospect from when it was filed so since I filed my I140 and 485 in July 04, the 180 are days are passed. My problem is that my job may be eliminated, it is not a certainity yet. My company has been quite helpful in the past and I am hopeful that they will not withdraw 140. Is there any chance that my 140 will get proccessed soon. The current dates in end of May and mine is end of July so maybe I may have a chance of approval in next 2 months. If I ask my company to wait till 140 is approved then what conditions can I get another job? Is there a chance that in 485 stage any documents will be required from this company if I have to switch?
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Do you know whether any of the other employees (of sponsoring company) have received RFEs during their I-140 process? Is your company very big? This may eliminate 'Ability to Pay' RFE. Also,What does your ETA form say about your qualification/experience? If you feel that you are qualified enough (no combination of degrees used or allowed as per your ETA form, have enough experience as stated in ETA form), then probably, you won't get RFE on education.

Please think about these before switcing to another company prior to I-140 approval. If you have a very good relationship, then probably you wouldn't have to worry about RFEs, your company might take care of those if any RFE comes up.
 
I am the first and only employee whom company is sponsoring for a Green card. The company has almost 1200 employees.So there is no history of any RFEs for me to refer but I am hoping that the size is large enough. As for education, I had a 3 year degree and over 5 years experience at time of getting the job, so there was 2 years experience as education equivalent. I believe the ETA allows a combination of degrees and experience. My degree was in Math so it was states Math, Science or Engg I believe.
Yes I do have a good relation with the company.
 
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