Changing multiple employments on EAD using AC21

[peterpanz]

Current Situation:
- Working with company A which filed my green card.
- Although got EAD but still working on H1B extension. Recently renewed my EAD myself few months ago but not using it yet.
- I485 pending for more than 2 years (so I am beyond 180 days limit)
- I140 is approved.


New developments: I have been interviewing with few companies. Got offer from company B, Offer from Company C is in works (will be finalized in a month or so). Here is the problem, can't take a risk of denying company B because who knows company C might change its mind. So, I am considering joining company B and then later on joining company C. I am more interested in company C (similar but better work & pay). I know that if I leave A then A will revoke I140. But I have been suggested to look into AC21 letter.

Questions: Looks like a long list but all are related to AC21.

1. How soon or later after changing job, AC21 needs to be sent to INS?
2. Are EAD and AC21 only requirements for new job? Does H1 (Extension) go out of picture once I send AC21?
3. Can I change companies(A to B to C to D) in span of few months with AC21? Does it affect my GC process?
4. Is there a template available for AC21? What documents are required for AC21 portability? Is I140 copy required for that? Does the first I140 copy works again, if I change employment multiple times.
5. How is significant difference in salaries defined? What happens in case salary at new employer is over 40% higher?

Although I am going to talk a lawyer but would like to hear from someone who knows about these.
Thanks in advance .. PeterPanz

 

[ginnu]

Current Situation:
- Working with company A which filed my green card.
- Although got EAD but still working on H1B extension. Recently renewed my EAD myself few months ago but not using it yet.
- I485 pending for more than 2 years (so I am beyond 180 days limit)
- I140 is approved.


New developments: I have been interviewing with few companies. Got offer from company B, Offer from Company C is in works (will be finalized in a month or so). Here is the problem, can't take a risk of denying company B because who knows company C might change its mind. So, I am considering joining company B and then later on joining company C. I am more interested in company C (similar but better work & pay).
I know that if I leave A then A will revoke I140.
-----------------Not a problem. you are eligible for AC21.
But I have been suggested to look into AC21 letter.

Questions: Looks like a long list but all are related to AC21.

1. How soon or later after changing job, AC21 needs to be sent to INS?
-----------------------once you join B or C then send the AC21 request to USCIS.
2. Are EAD and AC21 only requirements for new job? Does H1 (Extension) go out of picture once I send AC21?
---------------New employer CAN file H1 transfer if you want to be on H1 status or you can work on EAD and will not be on H1. EAD is based on your pending I-485.
3. Can I change companies(A to B to C to D) in span of few months with AC21?
------------------you can.
Does it affect my GC process?
----------------NO just update USCIS by sending new employer same/similar job duties future job offer letter and request to invoke AC21.if USCIS sends RFE then it will go to lawyer who filed I-485 and in RFE they ask lot of documents. You can revoke the G28 sent by lawyer who filed Your I-485 so that any letter should reach you.
4. Is there a template available for AC21? What documents are required for AC21 portability?
------------------- Search for "AC21 sample letter" may be in the Sticky . you need cover letter to invoke AC21+ Copy of your I-485 filing reciept+new employer same/similar job offer letter. Did you read the pasta in this thread? if not go through posts.
Is I140 copy required for that?
------------not needed for sending AC21. USCIS has the I-140 approval notice in your file
Does the first I140 copy works again, if I change employment multiple times.
---------------if I-140 is approved that is the base of your I-485 and AC21. you should read AC21 Memo.
5. How is significant difference in salaries defined?
----------------USCIS care about same/similar job duties on job offer letter and they dont care about salary
What happens in case salary at new employer is over 40% higher?
-------------no problem.
Although I am going to talk a lawyer but would like to hear from someone who knows about these.
-----------------Dont talk to lawyer of the company who filed your I-485 or I-140. you should hire your Lawyer or should talk to new company company lawyer.Thanks in advance .. PeterPanz

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