... and has to prove that AC21 conditions were met five years ago... Good luck to "one".
Yes, but taking your example, USCIS could decide at the naturalization stage that the job shift didn't meet AC21 even if they did approve it at the time.
It's absolutely different situation. If they had known about AC-21 transfer before the I-485 case was approved, they woudn't go and reconsider the decision made. Otherwise, they will have to admit, that they made a mistake and prove, that there was the mistake made. Then, they have to point at someone, who made the mistake. I doubt they'll go that far without a very important reason.
I wouldn't spend too much time worrying, or seeking USCIS' approval. Everything I've seen in over six years of tracking AC21 is that they've taken a pretty generous and common-sense interpretation of the statute.
You're talking about the situations where AC21 was been approved before I-485 (which fully complies with the law).
So, here is your naturalization interview. What do you think an imm. officer will say if (s)he finds out that no AC21 letter was filed and the alien has never worked for the sponsoring employer?
That's also why it may be advisable to NOT tell the USCIS about your AC21 job change if you are sure that the former employer is not going to revoke the I-140. It invites additional delays, and even if your job change is 100% valid you could suffer because retrogression might kick in during those delays, leaving you waiting for an additional couple of years.
Here is a concern. When you file I-485, you show your intent to work for the sponsoring employer
after getting a GC. If no AC21 filed then your GC is approved under this assumption. During a naturalization interview, an imm.officer might want to check how long you worked for the sponsoring employer (actually they have to do it). So, if the officer sees, that you haven't worked a day for the employer, but changed the job after the approval... You know what might happen, right?
If you changed your job before the approval, but the USCIS has never verified if your new position were similar, then they might want to do it. And if they don't find it similar, then you also know what might happen.
So, what would you personally prefer - to play with law in order to get something quicker, or to stay on a safe side?
Some people want to believe "The job offer is for a permanent job" and they want to stick to the GC sponsoring employer permanently even after getting GC because of their apprehension something might come up in Naturalization interview. It is their choice!
Actually, this is just your lack of understanding. When you file EB-based I-485 you declare your intent to work for the sponsoring employer on the permanent basis (6 months - 12 months - 18 months - different lawyers have different opinions on that)
after your GC gets approved. If you intentionally fail this intent, you break the law. However, there is AC21 that gives you a chance to change the employer
before your GC is approved. This is exactly what the law says. It's not a matter of "some people beliefs", it's the law.
Some fear that their GC sponsoring employer might revoke I-140. So they want to play it safe by informing USCIS about changing to a similar job under AC21. That is their choice!
Some of us decided to change the job after > 180 days have elapsed after filing I-485 and with I-140 approved but chose not to inform USCIS about changing job under AC21!
That is our choice.
This is nothing else but your own interpretation. Try and read what the law says.
Do not understand why some people want to scare everyone who has not informed USCIS about changing job under AC21!
You'll find it weird, but a majority of imm. lawyers recommend to inform the USCIS about AC21 job change. Are they incompetent?
