Is AC21 relevant when NIW is self-petitioned?

S

shaziling

New Member
Dear All,

Sorry if the following question sounds very naive. But I searched around and didn't get any definitive answer. My wife applied for I-140 in the National Interest Waiver category as a self-petitioner (i.e. without any sponsor). Her I-140 was approved last Nov. and her I-485 has been pending. She would like to change her job in a few months. Does she have to file AC21? My impression is that: since her I-140 was self-petitioned, she shouldn't have to worry about AC21. Is my impression correct?

Thank you so much for your attention!
 
shaziling said:
Dear All,

Sorry if the following question sounds very naive. But I searched around and didn't get any definitive answer. My wife applied for I-140 in the National Interest Waiver category as a self-petitioner (i.e. without any sponsor). Her I-140 was approved last Nov. and her I-485 has been pending. She would like to change her job in a few months. Does she have to file AC21? My impression is that: since her I-140 was self-petitioned, she shouldn't have to worry about AC21. Is my impression correct?

Thank you so much for your attention!
Click to expand...
You are right... AC21 comes into picture where petitioner is the employer of the beneficiary. Since the I140 belongs to petitioner and USCIS grants benefits on behalf of petitioner, the beneficiary must inform using AC21 . In case of Self-Petitioner, it does not make sense to invoke AC21. NIW itself is a big rule that covers every thing. I think AC21 inherits some of it.
Please refer Interoffice Memorandum (AC21) dated 5/12/2005, it does not address NIW.
Be guided yourself.
 
assur said:
You are right... AC21 comes into picture where petitioner is the employer of the beneficiary. Since the I140 belongs to petitioner and USCIS grants benefits on behalf of petitioner, the beneficiary must inform using AC21 . In case of Self-Petitioner, it does not make sense to invoke AC21. NIW itself is a big rule that covers every thing. I think AC21 inherits some of it.
Please refer Interoffice Memorandum (AC21) dated 5/12/2005, it does not address NIW.
Be guided yourself.
Click to expand...

Hi assur/gurus

I have got NIW-I140 approved recently under Eb-2 category (self petitioned). At present i am working in the university as a research assistant. Can I change my job from the university to companies where the nature of job may not be 'similar' but the field will be same (Chemistry). can you shed some light on this aspect. I am confused the term same and similar.

I would appreciate your input.

Thanks
 
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