I-140/485 concurrent filing EB3, AC21 issue

[twoj]

Hi, All,

I am new to here. I wondering if anybody can give some more advice on AC21 issue. It seems confusing to me.

My case is:
LC RIR
PD May, 2003
I-140/I-485: May 2004, both are pending

I need to find new job since the company's layoff. My lawyer told me that I can not use AC21 and I must use H1B. But the company consultant said I can use AC21 which means I can change employer without any influence on my pending status on Green Card. Who is right?

Thanks,
twoj

 

[inkink]

Unfortunately your lawyer's position is more in line with USCIS's interpretation of the AC21 law. People have been arguing USCIS's interpretation is against the legislative intent of AC21 but USCIS have been insisting their position.

Tought break, bud. I am in the same trench.

Hi, All,

I am new to here. I wondering if anybody can give some more advice on AC21 issue. It seems confusing to me.

My case is:
LC RIR
PD May, 2003
I-140/I-485: May 2004, both are pending

I need to find new job since the company's layoff. My lawyer told me that I can not use AC21 and I must use H1B. But the company consultant said I can use AC21 which means I can change employer without any influence on my pending status on Green Card. Who is right?

Thanks,
twoj

 

[twoj]

Unfortunately your lawyer's position is more in line with USCIS's interpretation of the AC21 law. People have been arguing USCIS's interpretation is against the legislative intent of AC21 but USCIS have been insisting their position.

Tought break, bud. I am in the same trench.

Thanks, Inkink. But I did discussed with my lawyer about this confusion. And his explaination is that based on conservative and prevailing interpretation of the law on AC21, I can not change employer before I-140 approval. However, based on GC application lawyer, the employee is not required to work for the I-140 employer until I-1485 approval. There is only one issue here could influnce GC application with switching employer: The I-140 employer revoke your I-140 application before it is approved or it won't indicate the company has the INTENTION to offer the employement in the future. I think the only concern here is the INTENTION. If I-140 employerdoes not intend to revoke your I-140 and intend to employe you in the future, it won't affect your GC application. This is my understanding on this issue.

Thanks.