Do I still HAVE to file for ac21 .... please help!!

[jatt5abda]

I-140/485 filed on April 6th 2004. I140 approved Aug 11/04 and 485 approved April 05/05.

So now - here is the monkey wrench in the picture - I resigned from my company on March 28th and the case got approved exactly 7 days later. I sent an email to my laywer on April 4th telling him that ive quit but I want them to file for my AC21.
The next day of me telling them, I get my 485 approval and also the laywer replies back saing that - "If your AOS case is approved and you do not submit AOS portability letters notifying them of the change in employment, or at the time of approval you are not employed with a US employer in the same/similar occupation, then there is a question as to the validity of your green card."

Does this mean that even after 485 approval I have to file for AC21???? im like WTF?? Can someone help me understand if this is an issue...or if the lawyer is just trying to get $850 outta me.

Thanks a bunch for ur replies!!

 

[bhayanak]

since u have already worked with your sponsoring company for a considerable amount of time, i don't think you have to go back to them due to your 485 approval.

when u left them, your 485 was still pending (>180 days with 140 approved), which makes u eligible for AC21. of course, only if u moved to a similar occupation.
in such a case, i think u should be safe -- just my thought.

i think UN or ginnu can confirm.

 

[lohith]

when u left them, your 485 was still pending (>180 days with 140 approved), which makes u eligible for AC21. of course, only if u moved to a similar occupation.
in such a case, i think u should be safe -- just my thought.

i think UN or ginnu can confirm.

Here is a response from UN on AC-21 on approved I-485.

http://boards.immigration.com/showthread.php?t=166519&page=1&pp=15

one more thing;

ac21 doesn't require notification to uscis.

The advantage of letting uscis know of ac21 before the greencard got approved is that it is in their files and they have determined that it is a "same/similar" job.

If one doesn't invoke ac21, and there is an issue later on at citizenship time or someone complains on you; it wouldn't be in their files as them having assessed whether that job is same/similar. They could ask you to prove that it was same/similar job.

The key thing is that you meet the requirements of same/similar job whether or not you notified uscis. As worse thing could happen is if one didn't notify and they are asked later to prove that it was same/similar job.