I-140 pending, I have EAD, can I use AC21?

A

aws1

Registered Users (C)
Folks,
I know similar Q may have peen put many times, but I still need to clarify.

My I-140 is pending since 10/21/03 and have EAD. I have an excellent offer in a similar position with another company.

My Qs:

1) Can I used AC21 to change employment before I-140 is approved?

2) Though, in majority, it seems unsafe to do so while it is pending, what if I get an assurance from my current employer to support my I-140 even if I quit them? I have very good relations with my current employer and can persuade them to support me as this new opportunity will elevate me to a next level in my career.

3) If my current employer supports me even after me quitting them, how will the INS come to know that I was not with my sponsoring company when my I-140 was approved?

Has any one gone through a similar situation?
Thanks a lot for your suggestions.
 
The important thing is your current employer supports your 140. BCIS does not know - to some extent does not care- when you change. For all practical purposes you would be good.
Good Luck
 
It is extremely important that your current employer support your pending 140. You have to be absolutely positive about that. Also, I'm assuming that you have filed your 485 and it's more than 180 days since.

If all of the above is true, you should send USCIS a letter explaining that you intend to change employers and that your current employer is willing to support your 140.

You might want to submit an employment letter from your new employer along with that letter. Also, explain in the letter that your new employment is in the same or similar category. If you do this they will be convinced that you have done your part well and you should probably not see an RFE, though there are no guarantees.

The reason for this step of sending a letter is to ensure that you're following the AC21 law to the book. Also, it appears that the newly trained adjudicators tend to stick to the book so they will be more convinced about your case and adjudicating will be easier and faster.
 
folks,

thank you for your excellent replies....
it seems now, if within 2-3 weeks, if my I-140 is not approved, then my current employer holds the "key" to my future!
 
I too am in the similar situation. My RD for 140 is 12/3/2003 and VSC is currently processing November cases. My client wants me to join them tomorrow and I have sent my papers for H1 transfer. Mine is a concurrent case and it's been 211 days since 140/485 filing. I don't have my labor certification or 140. My client's attorney tells me that since AC21 is a different case, we can send the letter a bit later and has filed my H1 transfer right away. And that the job desc in H1 need not be exactly the same as Labor certification. How soon do we have to send AC21? Also, I am not sure if my company would support my 140.
 
I will not suggest sending anything to BCIS before 140 approval.
 
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Yes, sb_tiger is correct. Try not sending any AC21 letter till your 140 is approved and you have completed 180+ days after filing 485.
 
Please Help

Hi I'm also with similur situation
My I140 is pending got my EAD, FP and AP.
I got layed off last June-30, My company attorny told me that
they don't withdraw my I140.

Can I use my EAD ?.
 
Hi,

I just received the best news! My 140 has been approved. Looks like my attorney would not give me the labor certification. What are the documents do I need to use AC21?
 
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