changing jobs with AC21 with I484 Pending

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saprachna

Registered Users (C)
Hi Gurus,
I am from EB3 category with I 485 Pending from last three years. I am currently working on EAD from last 2.5 yrs i.e already renewed EAD fifth time . My Priority date is sept 2001. If I wish to change my employer then is it safe from Green card point of view. I do not want to mess up my Green Card at any cost but at the same time am tired working on contracts . I am getting lot of permanent offers but I am scared to change the job thinking it might effect my GC.

What do I need to do if I change my employer at this point in time?

Please Advice
:confused:
 
No risk, no gain.
Take up the best offer.No need of AC21, file it if you get a RFE.So essentially do nothing, only thing you need to be cardfull that new job matches your labor job description.
Many people have done this already.
 
Thanks gcbandwagon

Thanks for your response. So I do not have to File for AC21. Can I get into any kind of trouble if I get an RFE and then file Ac21 or tell them that I changed the employer?
 
saprachna said:
Thanks for your response. So I do not have to File for AC21. Can I get into any kind of trouble if I get an RFE and then file Ac21 or tell them that I changed the employer?
Click to expand...
Dude,
YOU DO file AC21. Its the safe way to go. Don't worry about anything else. The job should be same or similar area. This is the only thing you need to be sure about. I have filed AC21 and changed job multiple times. It is not a good idea not to file AC21. Infact, what if your old employer revoke your I-140 (technically, the old emoployer can revoke I-140 at any time even when your I-140 is approved and You passed 180day of filing I-485. Also make sure if any RFE comes in future it should come to you by changing the address also if you have moved.
Good Luck
gckajadoo
 
saprachna,

File AC21 if you fear that your employer may revoke your I-140....
If not, then it may be safer not to file...
 
I agree with banta4gc, reason is
1. If you file Multiple AC21's because of changing the job mutiple times, you might be in trouble.You are confusing the confused.
2. AC21 is a law, you can site it anytime to justify your employment move.
This has been debated a lot,there are lot of people who vouch for filing and there are lot of others mentioning otherwise.Personally I havn't filed.
 
When should we file for AC21

Thanks gcbandwagon for your response . I still am confused as to when should we actually file for AC21. Should I file it when I receive an RFe regarding the employment ? If I do not get any RFe then Do I need to file it or not? Right now can I simply go ahead and join another company without doing anything and wait to hear from INS regarding my 1-485 approval?

Please advice
 
saprachna said:
Thanks gcbandwagon for your response . I still am confused as to when should we actually file for AC21. Should I file it when I receive an RFe regarding the employment ? If I do not get any RFe then Do I need to file it or not? Right now can I simply go ahead and join another company without doing anything and wait to hear from INS regarding my 1-485 approval?

Please advice
Click to expand...

Tell me one thing. Do you see any problem if you apply AC21 now??
 
Not Really....

No Not really. The only thing I worry is that It might lead to more inquires from INS side. Another thing that worries me is that if I join a new company and say within 6-8 months things change and I get laid off that time I will be without job. If my priority dates are current at that time and I suddelnly get an RFE and I have no job then how will it impact my GC...

If I don't file AC21 and switch company and say tommorow I get laid off then I can request my current company who filed for my GC to answer the RFE.

I am just fearing the worst scenereo's here ...
 
saprachna...

as i mentioned earlier...do you think your company will revoke your I-140...are there high chances of that happening?

If yes, then your I-140 will be revoked soon and you may most likely get an RFE/NOID soon, then in such a case...it's better to file AC21 ASAP and at least try to cover the RFE in the best way...
(when your GC is filed through lucha/lafanga consulting companies)

If no, then your I-140 would never be revoked...then you have nothing to fear...USCIS would never know of your job change and chances of you getting an RFE are very remote and by submitting AC21, you are only inviting more inquiries...Hence, people try not to file AC21 in these situations (when your GC is filed through big companies)

Either way, filing AC21 may or may not help...as you might have realized in these forums...
 
saprachna said:
Hi Gurus,
I am from EB3 category with I 485 Pending from last three years. I am currently working on EAD from last 2.5 yrs i.e already renewed EAD fifth time . My Priority date is sept 2001. If I wish to change my employer then is it safe from Green card point of view. I do not want to mess up my Green Card at any cost but at the same time am tired working on contracts . I am getting lot of permanent offers but I am scared to change the job thinking it might effect my GC.

What do I need to do if I change my employer at this point in time?

Please Advice
:confused:
Click to expand...

Notning will happen. You can change the job once after 6 months , you get your EAD.
:p
 
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