How risk it is to use AC21 for changing the employer

W

Waiting140App

New Member
I filed both 140 and 485 (through EB1b) before Oct, 2005 and got my 140 approved last week. Right now, I want to change my employer with a job in the same area. However, my lawyer told me that my current employer may revoke my 140 if I changed the employer, eventhough my 485 will keep on be processed. Also, he suggest me not change my job because of risk.
Could any one told me how risk it is if my current employer revoke my 140? Can I change my job with h1b transfer? Which is more risky to use h1b transfer and EAD.

Thanks
 
If your 140 is approved and 485 is pending for more than 180 days then You should be absolutely safe unless your application was found to have some fraud etc OR you changed to a job totally unrelated and with significant salary difference. Lower salary than LC is definitely a problem.

Even if your employer revokes 140, you should still be fine by submitting AC21 paperwork. If you have valid H1 that you can transfer,then H1 transfer is always a better option than using EAD.
 
AtlGC_Guy said:
Even if your employer revokes 140, you should still be fine by submitting AC21 paperwork.
Click to expand...

I Respectfully disagree !!

What if the employer uses the labor for some one else and that employer is able to get GC before you, what does it mean. Does it mean both will get GC?

Neither USCIS not any reputed lawyers have clarified this.
 
Please note that there is NOT an LC in Waiting140App's case, it's an EB1b.

So this duplicate GC issue is not an issue for Waiting140App.
 
I have one concern. My current job title is research engineer and working on some network optimization design and implementation. However, my new job title is senior software engineer working on network management implementation. Is it fine for me to claim the two jobs are similar? From my perspective, the job titles are too different.

shokaido said:
Please note that there is NOT an LC in Waiting140App's case, it's an EB1b.

So this duplicate GC issue is not an issue for Waiting140App.
Click to expand...
 
Since my H1b just begin, it is better for me to do h1 transfer to working in the new company and this has no impact on my 485. Is that right?

shokaido said:
Please note that there is NOT an LC in Waiting140App's case, it's an EB1b.

So this duplicate GC issue is not an issue for Waiting140App.
Click to expand...
 
greencardvirus question

Hi Greencardvirus,

I thought labor substitution is dead... is it not ?

Also, I was under impression, that once 140 is approved and 485 filed,
180 days pased, it is absolutely safe to use ac21.

Please correct me if I am wrong.

Can previous employer revoke an already approved 140 ?
Labor substituion is now illegal right.

Please comment.
thank you.
ac
 
for_ac21 said:
Hi Greencardvirus,

I thought labor substitution is dead... is it not ?
Click to expand...
There is a proposal from DOL - so far it is not law yet and therefore not dead.

Also, I was under impression, that once 140 is approved and 485 filed,
180 days pased, it is absolutely safe to use ac21.

Please correct me if I am wrong.

Can previous employer revoke an already approved 140 ?
Labor substituion is now illegal right.
Click to expand...
Technically it is safe, practically not. That means, if someone uses AC-21 he should notify USCIS of this - otherwise, when employer withdraws the I-140 (and they are allowed to do this) the CIS might deny the I-485 first of all. Then it is your burden to file a motion to reconsider based on AC-21 - while your I-485 is denied and your EAD is invalid.....

The employer can always withdraw a pending/approved I-140 - however if you used AC-21 (and even better notified CIS) it will not affect your I-485 processing.
 
Waiting140App said:
I have one concern. My current job title is research engineer and working on some network optimization design and implementation. However, my new job title is senior software engineer working on network management implementation. Is it fine for me to claim the two jobs are similar? From my perspective, the job titles are too different.
Click to expand...

Better describe the job duties of new job as same as old one in your AC21 lettter. Title can be a little different, wont matter.
 
for_ac21 said:
Hi Greencardvirus,

I thought labor substitution is dead... is it not ?

Also, I was under impression, that once 140 is approved and 485 filed,
180 days pased, it is absolutely safe to use ac21.

Please correct me if I am wrong.

Can previous employer revoke an already approved 140 ?
Labor substituion is now illegal right.

Please comment.
thank you.
ac
Click to expand...

There are multiple complication to this. First of all Labor Substitution is only ending on the side of DOL, NOT USCIS. Again, DOL said that labor will not be valid more than 45 days. If this comes into effect, then it will mean an end to complete labor substitution.

If you dont want to take a risk, wait till May and see if the new rules come into affect.

For now, employers can revoke 140 and use labor to someone else.
 
gc_2006 said:
There is a proposal from DOL - so far it is not law yet and therefore not dead.


Technically it is safe, practically not. That means, if someone uses AC-21 he should notify USCIS of this - otherwise, when employer withdraws the I-140 (and they are allowed to do this) the CIS might deny the I-485 first of all. Then it is your burden to file a motion to reconsider based on AC-21 - while your I-485 is denied and your EAD is invalid.....

The employer can always withdraw a pending/approved I-140 - however if you used AC-21 (and even better notified CIS) it will not affect your I-485 processing.
Click to expand...

How do you know your file was transferred from CSC?
 
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