I140/I485 concurrently filed and change of employer

L

Lru

Member
Hi,
I have asked my current employer to file these concurrently.
I also have an employment opportunity with another company.
How long do I have to wait with my current employer before I make the switch?
Or can I make the switch right away and continue the I140/I485 processing with the new employer?
-lru
 
You have to wait for 6 months after filing 485 to use AC21 portability provided your 140 is approved.
 
If the following conditions are met:
1. 140 is approved.
2. 180 days of filing 485 is over.
3. New job is similar to the one specified on LC.

Then you may use AC-21 to switch between jobs.
 
Ac-21

But some lawyers say, you can change your employer after 180 days when i-140/485 pending using AC-21.

GC is for future employment onlY , NOT FOR CURRENT EMPLOYMENT.

This is most confusing . Only Texas service center has explicity said, only after I-140 approved, you can switch employer..

Rest of the center hadn't mentioned anything about approved I-140. Even in the AC-21 regulation, there is no where they mentioned about I-140 approval.
 
Hi Shanmugam....
I am in the same boat. I am dealing with two lawyers one from Client and one from my company...My company's lawyer has told me that I can use AC-21 only if I-140 is approved...same time client's lawyer (the company I will join in 2 weeks) is OK with AC-21 after 180 days evenif I-140 is not approved....So as you can see this is very confusing and frustating also....

So I decided to switch job on H-1B (8th yr ext.)....You are right GC is for future employment....but I would suggest that talk to GOOD Lawyer (Hard to find) and than decide...

I will also keep you posted about my case...

Take Care,
 
Shanmugam,
When did Texas Service Center say? Recently or you are looking some file which is more than a year old. I read that TSC will follow the HQ memo and AC 21 cases will be dealt case by case basis.


WFLabor,
I am also dealing with two lawyers. My company lawyer and also client's law firm told me that I can use AC 21 after 180 days, even before I-140 approval. Company lawyer told me that at one point I-140 must be approved. But client's law firm told me that after 180 days if you change the employer AND if you send AC21 letter with new offer letter, then whatever happens to pending I-140 petition, it does not matter. As per law, I-485 will be processed regularly.I argued with them for one full hour and still they said they are correct. I am not convinced.

I Just wanted to share this information with you. Do not take this as any kind of advise. Please consult with your attorney.


nanshi.
 
Last edited by a moderator:
naanshi said:
Shanmugam,
When did Texas Service Center say? Recently or you are looking some file which is more than a year old. I read that TSC will follow the HQ memo and AC 21 cases will be dealt case by case basis.


WFLabor,
I am also dealing with two lawyers. My company lawyer and also client's law firm told me that I can use AC 21 after 180 days, even before I-140 approval. Company lawyer told me that at one point I-140 must be approved. But client's law firm told me that after 180 days if you change the employer AND if you send AC21 letter with new offer letter, then whatever happens to pending I-140 petition, it does not matter. As per law, I-485 will be processed regularly.I argued with them for one full hour and still they said they are correct. I am not convinced.

I Just wanted to share this information with you. Do not take this as any kind of advise. Please consult with your attorney.


nanshi.
Click to expand...
Client's law firm is interpreting law word by word. 140 cannot be refused on the basis of invoking AC-21 before time(it is not before time), but your sponsor needs to respond to any other RFE.

Safe side is to wait for 140 approval.
 
I fully agree with Jharkhandi. If you have choice, then don't try AC21 till you get your I-140 approval. If you don't have choice, then try these. But no guarantee. Nobody knows for sure how USCIS will act on these cases.

One thing I don't follow. Most of the attorneys are member of AILA. Then howcome each and everybody has their own interpretation about AC 21 law?. Don't they have a common interpretation? And also why these AC21 law is this much complicated? Can't USCIS make it clear?

nanshi.
 
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