(Do not) go for AC21

H

helpme123

Registered Users (C)
Hi,

I am hearing two versions of AC21.

Option 1. Apply for AC21 after change the employer ( 180 days passed + I140 approved case).


Option 2. Do not apply for AC21 after the change the employment [ 180 days passed + I140 approved case ]


Please help me to choose the option.

With regards,
 
Are you debating on whether you should "notify" USCIS? There is no such thing as "applying" for one. Anyway, once you changed employment using AC21 it is recommended to send USCIS a letter, and it is good for you too in case something happens to your I-140.
 
I actually asked the same question like you do and I cannot confirm if we need to notify USCIS by law (some said no).

But this is absolutely not apply for an approval type of thing. It is kinda an execrise your "limited" right being an AOS candiate to switch job.
 
Helllo.

You can change the employer if
a) Your I-140 is approved.
b) 180 days passed since you apply for I-485.


Its upto u wether you want to inform them or not? There is no law that states that you should inform them. However if there is any query, at that time you can provide the AC21 requirements to USCIS. But I think by sending the AC21 documents to USCIS, you will informe the USCIS that you are no longer with the spnsering employer. I think it is something like informing the USCIS about your address change. nothing more than that. To avoid issues at Citizenship process, inform USCIS about your moves in employement and Physical locations.

This is my understanding by reading the postings on this forum. Take Legal advise before you act
 
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We are just waiting for our I 485 to be approved. My husband is an L1 visa, i'm L2, we have EAD & AP. Attorney has told us I 140 has been approved, so we are just waiting for GC.

My husband has been offered a new job, same management level as present job.

Does he have to wait a certain time frame before he can accept a new job in another company?

Thankyou
 
Celtic1888 said:
Does he have to wait a certain time frame before he can accept a new job in another company?
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He can use the EAD to get another job when he wants to, but if he does that before 180 days have passed since filing the I-485, the employer can revoke the I-140 and cause the I-485 to get denied.
 
Jackolantern said:
He can use the EAD to get another job when he wants to, but if he does that before 180 days have passed since filing the I-485, the employer can revoke the I-140 and cause the I-485 to get denied.
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Thanks for your reply Jack,
Just spoke to attorney there & he advised taking the other job until we get the GC. Why would he say this?

Can he take the job as a 2nd job until we get the GC?

We applied for GC on July 26th, rec'd @ TSC July 27th
FP done Oct 20th 07
Rec'd Ead Oct 22nd
Rec'd AP Dec 12th
 
Celtic1888 said:
Thanks for your reply Jack,
Just spoke to attorney there & he advised taking the other job until we get the GC. Why would he say this?
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He advised him to take the other job, or AGAINST taking the other job? Just want to clarify what you meant, in case you left out the word "not" somewhere in that sentence.
 
Jackolantern said:
He advised him to take the other job, or AGAINST taking the other job? Just want to clarify what you meant, in case you left out the word "not" somewhere in that sentence.
Click to expand...

Sorry Jack, I should have read it before I posted, it should be that he
advised against taking the other job.
 
It is safer and more straightforward to stay with the same employer until after GC approval. That avoids having to prove the next job is "same or similar", or mixups due to the USCIS mistakenly denying the I-485 even though the 180 days have passed. But it is valid and legal to change jobs and use the new job as the basis for completing the I-485 process, as long as the AC21 "same or similar" criteria have been met.
 
Thanks Jack,

Would it be an option to take the "new" job as a 2nd job? As long as he still works for his Co that applied for GC?

Appreciate your help
 
As long as the primary job is the original I-140 job, or is another job with the "same or similar" criteria, the second job can be anything (except criminal stuff, of course).
 
Jackolantern said:
As long as the primary job is the original I-140 job, or is another job with the "same or similar" criteria, the second job can be anything (except criminal stuff, of course).
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Thanks Jack,

yes his primary job would be the one that applied for I140. The other is not criminal stuff, lol

When would you think we should expect to receive our GC? We spoke to Immigration Attorney today & his reply was sometime this year? Don't think he wants to commit to any time frame.
 
Which category did he apply under? EB1? If yes, this summer (or earlier) would be a reasonable time to expect the green card, unless retrogression kicks in or he gets stuck in "name check". Retrogression is extremely unlikely for EB1 ROW, but it wouldn't surprise me if it happened for India or China.
 
Jackolantern said:
Which category did he apply under? EB1? If yes, this summer (or earlier) would be a reasonable time to expect the green card, unless retrogression kicks in or he gets stuck in "name check". Retrogression is extremely unlikely for EB1 ROW, but it wouldn't surprise me if it happened for India or China.
Click to expand...

It was L1? I can't see anything relating to EB1 on our files.
 
Jackolantern said:
As long as the primary job is the original I-140 job, or is another job with the "same or similar" criteria, the second job can be anything (except criminal stuff, of course).
Click to expand...

Celtic1888,

I would like to add some thing, not sure if it applies to L1. It is not clear from your posts if he is using EAD for first job or still on L1. If first job is still on L1, then if he takes 2nd job on EAD, he "may have to" switch to EAD for first job also. I say "may have to" because I am sure it is true for H1 that if you take 2nd job on EAD, your H1 is invalid. I am not sure if this applies to L1 also. So confirm it before using EAD.
 
Celtic1888 said:
It was L1? I can't see anything relating to EB1 on our files.
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You won't see "EB1" in the paperwork. EB1 is short for "employment based first preference". Look on the copy of the approved I-140 to see if there is anything resembling "first preference".

Or look at the top right side of the I-485 receipt notice; there should be a code like "COA: Exx". If the first digit of xx is 1, it is EB1, otherwise 2 means EB2, 3 means EB3.
 
EricS said:
Celtic1888,

I would like to add some thing, not sure if it applies to L1. It is not clear from your posts if he is using EAD for first job or still on L1. If first job is still on L1, then if he takes 2nd job on EAD, he "may have to" switch to EAD for first job also. I say "may have to" because I am sure it is true for H1 that if you take 2nd job on EAD, your H1 is invalid. I am not sure if this applies to L1 also. So confirm it before using EAD.
Click to expand...
Yes, once the EAD is used for outside employment the L1 is also invalidated (although USCIS may keep it valid in their system if they don't know about the extra job(s)). However, unlike H4 holders, L2 holders can use their EAD without losing their L2 status (provided the primary's L1 status is still valid, of course).
 
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