AC21 is indeed a law and not a rule like you say, helge. Immigration laws usually are accompanied by Regulations,
which are INS's interpretation of how they would interpret/enforce a particular law. In the case of AC21, these
regulations have not been released by the INS yet, even after 2.5 years of president clinton signing this into law.
The INS(BICS) had instead released a memorandum to the service centers/ local offices as to how they should deal with
issues relating to AC21, which can be found on most immigration websites. I am pasting the relevant portions of it below.
If you read the memorandum, you will see that it doesnt say when you can change your jobs, before or after 180 days, only
that, the application should be unadjudicated under 180 days. so you should be fine.
we have seen several examples of people who changed employers before 180 days, posting their approvals here.
what you have to understand is that all this might be changed when the regulations are eventually published.
so you might want to be extra careful and have your current employer start the new labor petition.
V. AC21 106(C) Change of Employment after 180 days (180-Day Rule)
*The AC21 106(c) provides that the certification or I-140 approval of an EB immigrant petition shall remain valid
when an alien changes jobs, if: (a) Form I-485 on the basis of the EB immigrant petition has been filed and remained
unadjudicated for 180 dys or more; and (b) the new job is in the same or similar occupational classification as the
job for which the certification or approval was intitially made.
*If an alien has complied with the above statutory requirements, adjudicators shall not deny applications for adjustment
of status on the basis that the alien has changed jobs. Under present prqactices, it is expected that an 485 applicant
notify the Service when they no longer intend to enter into employment with the employer who sponsored them on the
140 petition. The Serviceshould continue to expect the applicant to submit a letter notifyhing INS of this change in intent.
If the Adjudicator has reasons to believe that the applicant's intent has changed, a RFE may be issued to clarify the
applicant's intent in regards to employment.
In instanceswhere the applicant no longer intends to be employed by the employer who sponsored him/her on the 140 petition,
the Service should request a letter of employment from the new employer. The letter from thenew employer verifying that
the job offer exists should contain the new job title, job description and salary. This information is necessary to
determine whether the new job is in the same or similar occupation and to determine whether the alien is admissible
under the public charge ground inadmissibility. To determine whether a new job is is in the same or similar occupational
classification as the original job for which the certification or approval was initially made, the officer may consult
DOL's DOT or its online O*NET classficiation system or similar publications.
The Service is currentloy formulating proposed regulations to establish a policy framework in which to adjudicate AC21
106(c) benefits. Until the Service promulgates final regulations establishing such a policy framework, adjudicators shall
consult, on a case by case basis, with HQs beforfe denying cases on the basis that the new job is not in the same or
similar classification
