>>I-140 not approved yet and filed by my past employer
------ I-140 is NOT approved, past employer can revoke the I-140 any time before it is approved
>>485 not applied but my past employer is going to soon file my I-485.
------ You don’t have I-485 pending or filed, past employer has nothing to do withI-485 filing you have to file I-485.
**** At this time you are NOT qualified for AC21, I have posted you this many times why you don’t understand? You need I-140 APPROVED AND I-485 PENDING more than 180 days.
>> Currently working for new employer not sponsoring employer.
So after 180 days of filing 485 and provided 140 get approved, can I use AC21 with my current employer who is not a sponsoring employer?
------ YES, after I-140 approval and I-485 pending more than 180 days and Same/similar job as on LC (you still have NOT filed I-485) when you get I-140 approved and I-485 pending more than 180 days only then you can use AC21 and can send new employer letter to invoke AC21.
if not, then I have to take action right-away to leave my current employer and then join previous employer
----- If you feel that the original employer who filed I-140 will revoke I-140 or may not reply to any RFE for I-140 then better join him and don’t take the risk, also file I-485 with I-140 filing receipt ASAP don’t forget to file EAD, AP with I-485
OR start GC from labour with someone else.
------- that is up to you if you get any employer who can file LC for you ASAP
Please help me out, So that I can take action
your help would be grreatly appreciated
If changed jobs when?
Answer for this question:
I changed my employer after my Labor got approved.
------ It has nothing to do with AC21; many never work or worked with the original sponsor who filed I-140 because GC is for future job but it is always better to be with employer before I-485 approval ( I-485 approval is taking 2-3 years at this time all the service center have back log and you have no pending I-485). If you think that the employer who filed LC, I-140 may revoke I-140 better go back to him, if you enter a deal with him or you are sure that he will NOT revoke I-140 then take the risk