How many times AC21 can be invoked? Any limit

panjan04

Registered Users (C)
Is there any limit on how many times we can change the employment and invoking A21?

I am thinking of changing employment using AC21 now.
My labor is EB3 INDIA and PD is SEP 2004. So I am assuming it may take another 2 or 3 years for my PD to become current and get my GC.

Meanwhile if for some reason I had to change the employment, can I use AC21 and how many time I can do like that before I get my GC.
Also if some one does that what will be the impact on pending I485 and on future citizenship proess?
 
question on new job salary

Thanks for answering the questions. This will help a lot in making decision on AC21.

I have one more question on new job salary.

The salary that is going to be paid by new employer, can it be less than salary mentioned in labor?
Also, if new job salary is more than the salary mentioned in labor in the begening, but later if it goes below the salary mentioned in labor due to some reason, will that affect pending AOS process?
 
The salary on the LC is for the future job (after GC was approved). But having the same salary now basically eliminates the risk of an RFE for ability to pay. So if your salary is less be prepared for an RFE.
 
Thanks for answering the questions. This will help a lot in making decision on AC21.

I have one more question on new job salary.

The salary that is going to be paid by new employer, can it be less than salary mentioned in labor?
Also, if new job salary is more than the salary mentioned in labor in the begening, but later if it goes below the salary mentioned in labor due to some reason, will that affect pending AOS process?

Nothing is specified about salary and job location in AC21. However, if you receive same or more salary you needn't worry.
 
I would suspect that the more times you invoke AC21, the more likely your application will receive greater scrutiny because after one or possibly two changes the evidence will start to suggest that you are not switching to 'indefinite' employment but rather flavor of the month employment, which is not a valid basis for getting a greencard.

So, multiple switches are not illegal, but they may raise flags.
 
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