I485 approved. Question on AC21 notification

J

jt1234

New Member
Hi,

My I-485 get approved. I didnot inform USCIS about my employer change.

Question: DO I need to inform now? Should I have to give the AC21 letter.

What are the consequences if I donot provide that information(employer change information).

My Case situation:
1. Apllied I-140/I-485 Concurrently.
2. Recieved EAD within 2 months
3. Got laid off before 180 days of applying 140/485
4. H1 expired after getting laid off. EAD is active
5. Joined another company after 180 days - DID not provide AC21 letter
6. I-140 approved and RFE on I-485 for all H1s, I-94 stamps...(not for employemnt letter)
7. Response sent by lawyer
8. I-485 approved after a week

Big Question: What are the consequences, if I donot inform about JOB change?

Please advise.

Next Big Question: If I have to inform with AC21 letter, Is it Ok to say 180 days pending on I-485? (Keep in mind that, my I-140 is not approved when I have switched employers ---- I just used EAD to join the new employer, with a strong support from previous employer for my I-140)

Thanks a lot
 
AC-21 stuff is used only when the 485 is pending beyond 180 days. It can not be used after the 485 is approved.

Being the 485 is approved. It is good idea not to inform any thing about these stuff to USCIS. You dont have the option of AC-21,You dont have the option to inform about this change, being your intent to work for the sponser company is not valid, they might cancel you 485 application.

Not sure whether your GC stamping is done or applied for a card. If you had allready done these things then dont talk to USCIS for an year about your case. The more you contact them the more you might be in trouble.

All I am saying about this is reading various threads in this forum. I am not a lawyer, 0i am just a CPA.

Try to touch base with good lawyer before taking any step.
 
Please take a look at this document

*** Please see point 5 I-140 Portability under 106(c) *****

Austin Chicago Dallas Houston Los Angeles Pasadena New York San Antonio Washington, DC
Jenkens & Gilchrist
5. I-140 Portability Under 106(c)
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending
for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a
change of jobs with the same employer to a same or similar occupation. Previous memos issued by
CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180
days before portability attaches. The new General Counsel of the CIS, former AILA member,
Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may
“port” to a new employer or position if the I-485 has been pending for 180 days, regardless of
whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a
petitioner or denial of the I-140 petition by the Service Center would have no impact on the
beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.
6. Photographs
USCIS has indicated that old photographs will be acceptable if they are filed before the September
1, 2004 effective date of the new photo requirements. However, practitioners are advised that
applicants may wish to submit duplicate photos under both standards in order to avoid delays by
erroneous returns of applications.
7. Encouragement of Approval of Petitions
Mr. Yates has indicated that O and P visa petitions for athletes in professional sports are readily
approved and that he is looking at means to encourage more favorable and rapid approvals for
scientists in the O category since these are individuals that the U.S. needs and we should therefore
make it easier for them to obtain these visas. He has expressed this same opinion toward H-1B
nonimmigrants in that these are individuals that provide valuable services to the U.S.
8. H-2B Visas
The demand for H-2B visas in fiscal year 2005 combined with the 66,000 limit on these visas may
lead to the usage of the entire quota by January 2005.
 
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