Is it a good Idea?

[Fort_User]

Chat User : Is it okay to file AC21 if one has never worked for the original sponsoring employer?

Attorney Murthy : Since there are no regulations on AC21, there are a lot of issues that are not yet clear. It may be possible never to have worked for the sponsoring employer, since the GC is based on a future job offer. However, both the employer and the employee will need to establish that they had the good-faith intention for the employee to work for the employer at the time of the I-140 petition filing and at the time of the I-140 petition approval.

http://www.murthy.com/chatlogs/chat0927_P.html
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[pralay]

Since, USCIS took 2 years to process my I485, i am eligible to switch my job with similar job profile after 6 months of my I485 filing (during this 6 month, sponsored employer did not revoke my I140 or cancel my GC).

While approving USCIS knew very well that, i was not working for my sponsorer. As they could not process my case within 180 days, i can work for any one.

I think it make sense. But obviously you have to keep in mind the issue mentioned in Murthy's chat (that you posted) - employer and employee will need to establish that the LC/I-140 was filed in good faith. I think the reason Murthy's cited this "good faith" issues because there are some cases of frauds when it comes to future employment (never worked for GC sponsorer). Selling substitude labor is just one of them (I think that was the reasons DOL tried to abolish substitute LC a month back). Recently USCIS is getting tight about this issue. In I-140 forum there are many hot discussions about a specific company. There was another couple of months back.

I am not indicating that your case is similar, but you must keep enough evidence to remove that doubt/suspicion from USCIS's mind, if required.

 

[Fort_User]

Selling substitude labor is just one of them (I think that was the reasons DOL tried to abolish substitute LC a month back). Recently USCIS is getting tight about this issue. In I-140 forum there are many hot discussions about a specific company. There was another couple of months back.

As my case is EB1(OR). No LC involved.

I read some where, EB1(OR) cases need not invoke AC21, if six months passed after I485 filed.