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AC21:Many scenarios and Intriguing:
AC21 mentions:
Approved I-140 and AOS filed,pending more than 180 days:
'Shall remain vaild with respect to a NEW JOB if the individual changes JOBS OR EMPLOYERS,
if the NEW JOB is in the same or similar OCCUPATIONAL CLASSIFICATION AS the JOB for
which petition was filed.
So it mentions change of JOB(within same Co) OR (different)EMPLOYERS OR can be both?
CaseA)Present employer X filed for GC.
(Pl.See the following cases with changing jobs assume of same CLASSIFICATION).
As per wording AC21 applies only for individual for whom the GC was filed by present
employer and individual can change Job with the same employer or change the employer.
Various GC Scenarios
Some of these scenarios are of known )
1)In case the individual is with present employer with JOB-A(Same as LC):
Now changing only JOB A to B with the same employer.AC21 still in the picture!
2)Now individual changing EMPLOYERS.(assume job classification same):
AC21 will apply.
3)The individual GCworking with the present employer in JOB C(LC job is A,since GC was filed
as for future job and the candidate is qualified/experienced for both A and C but Co.
will only have job A for future after GC-quite legal).
In the above case,the individual is not at all in the same job A mentioned, presently.
Now the candidate is changing JOB C to B with the same employer.As GC is for future
AC21??
4)The individual AT JOB C ,changing EMPLOYER :
Case of AC21 applies since I140 approved ( for Job A) and 180 days AC21 involvement and
applicability seems to be there as it mixes up Job,same or similar definition.
Now finally:
Case B)Future employer Y filed GC:
In this,future employer filed GC for JOB A where as individual working with Employer X and
Job C.
Now individual intending to change epmloyer(X-present Job B) to Employer (Z-new jobC) (and
stillhas an job offer vaild still with Y and would like to join after GC approval.)
where else AC21 role here but how he cant't change his Employer as GC is for future
employment and he will certainly join him after GC.
If RFE comes(Y case), how the candidate is wrong if he not mentioning any job change since
GC is not connected with Present(X) change(Z) employer
Will the GC will be processed or not and if not where is the logical connection as the
individual is not at all connected with present job with future employer .
GC for future emloyment logic and AC21 logic are in line or diversive?
The above is not for just hypothetical purpose and but actual affects
which Ac21 brings, seems a big puzzle.
Any thoughts/comments and ideas?
AC21 mentions:
Approved I-140 and AOS filed,pending more than 180 days:
'Shall remain vaild with respect to a NEW JOB if the individual changes JOBS OR EMPLOYERS,
if the NEW JOB is in the same or similar OCCUPATIONAL CLASSIFICATION AS the JOB for
which petition was filed.
So it mentions change of JOB(within same Co) OR (different)EMPLOYERS OR can be both?
CaseA)Present employer X filed for GC.
(Pl.See the following cases with changing jobs assume of same CLASSIFICATION).
As per wording AC21 applies only for individual for whom the GC was filed by present
employer and individual can change Job with the same employer or change the employer.
Various GC Scenarios
Some of these scenarios are of known ) 1)In case the individual is with present employer with JOB-A(Same as LC):
Now changing only JOB A to B with the same employer.AC21 still in the picture!
2)Now individual changing EMPLOYERS.(assume job classification same):
AC21 will apply.
3)The individual GCworking with the present employer in JOB C(LC job is A,since GC was filed
as for future job and the candidate is qualified/experienced for both A and C but Co.
will only have job A for future after GC-quite legal).
In the above case,the individual is not at all in the same job A mentioned, presently.
Now the candidate is changing JOB C to B with the same employer.As GC is for future
AC21??
4)The individual AT JOB C ,changing EMPLOYER :
Case of AC21 applies since I140 approved ( for Job A) and 180 days AC21 involvement and
applicability seems to be there as it mixes up Job,same or similar definition.
Now finally:
Case B)Future employer Y filed GC:
In this,future employer filed GC for JOB A where as individual working with Employer X and
Job C.
Now individual intending to change epmloyer(X-present Job B) to Employer (Z-new jobC) (and
stillhas an job offer vaild still with Y and would like to join after GC approval.)
where else AC21 role here but how he cant't change his Employer as GC is for future
employment and he will certainly join him after GC.
If RFE comes(Y case), how the candidate is wrong if he not mentioning any job change since
GC is not connected with Present(X) change(Z) employer
Will the GC will be processed or not and if not where is the logical connection as the
individual is not at all connected with present job with future employer .
GC for future emloyment logic and AC21 logic are in line or diversive?
The above is not for just hypothetical purpose and but actual affects
which Ac21 brings, seems a big puzzle.
Any thoughts/comments and ideas?