Has any one changes jobs using AC21 before I-140 approval

A

aws1

Registered Users (C)
My applications for the I-485/I-140 EB2 are pending since 10/21/2003.
I have EAD. I have an excellent job offer in similar field that I do not wish to miss due to not having I-140 approved.

Has any one changed jobs using AC21 before receiving I-140 approval. I heard that there is a new law in place that does not require I-140 approval if I-485 is pending 180+ days.
what are the pros/cons?

Please share your thoughts...thanks a lot!
 
yogeshjaju,

"Has any one changed jobs using AC21 before receiving I-140 approval."

*** I know some people have done this. There is a case in Vermont Service Center I-140 section, where the applicant changed job after 180 days and also after employer withdrew the I-140 petition, before approval.


"I heard that there is a new law in place that does not require I-140 approval if I-485 is pending 180+ days."

*** Can you please tell us the source of this information. Is it from your attorney or from some website?

naanshi.
 
yogeshjaju said:
My applications for the I-485/I-140 EB2 are pending since 10/21/2003.
I have EAD. I have an excellent job offer in similar field that I do not wish to miss due to not having I-140 approved.

Has any one changed jobs using AC21 before receiving I-140 approval.

I heard that there is a new law in place that does not require I-140 approval if I-485 is pending 180+ days.
-- where did you HEARED new law? the lastest AC21 MEMO was issued in August 2003
you need I-140 APPROVED and I-485 pending more than 180 days AND you should find new job in same skills or job duties to use AC21
what are the pros/cons?
----- your I-140 is NOT approved and at this point and you are not qualified for AC21. if you are sure that your employer will NOT withdraw the I-140 then only think of changing employer, your Employer who has filed I-140 CAN withdraw the I-140 at this time or any time bore approval
Please share your thoughts...thanks a lot!
Click to expand...
 
ginnu,

thanks for the reply.

i am now heavily relying on my current employer to support my I-140 if I leave them before it is approved.
If I get such an assurance, do you think then I can move on?
pl. advise.
 
yogeshjaju said:
ginnu,

thanks for the reply.

i am now heavily relying on my current employer to support my I-140 if I leave them before it is approved.
If I get such an assurance, do you think then I can move on?

------ I willl NOT change employer at this time and wait for I-140 to be approved then only think of changing employer.
pl. advise.
Click to expand...
 
aws1:
If your employer guarantees that they will not revoke the I-140 and that they will respond to RFEs (and if you have good reason to believe them), then you are free to take up the new opportunity.
Ginnu has a point in advising against it, although that is the very conservative approach.
If everything about your application is unambiguous (i.e. not a labor sub, good company financials, salary >= LC wage, all W2s in order, past history of company approvals etc) then it's unlikely that you'd get an RFE.

Depends on what you want to risk - the chances of losing your status, or the chances of never finding a similar opportunity.

I was in the same situation as yours. I decided to wait. My I-140 got approved. Now I'm looking.

Tough choice. Good luck.
 
vee111,

good reply.
u would realize how dilemmatic the situation is. i am pinning my hopes now on my current employer to support me.
 
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