Please advise if I need AC21

K

ksanil23

Registered Users (C)
My case is like this:
EB3 category
PD Oct'2002
I-140 aprooved: Oct 2004
I-485 Interview done at Newark in oct 2005, but haven't got my passport stamped for 485 because my PD is not current, immigration officer advised that I can get my passport stamped when the date becomes current. Officer stamped: Interview Conducted, awaiting PD in my passport.
Now I want to change my employer, since my interview is already done, do I still need to file AC21.

I will greatly appreciate help in this matter.
 
In my view I don't think you can use AC21. But it would be better to consult a lawyer.
 
Thanks for ur reply

Thanks Ziri for your reply, but I am little confused here, do you mean I cannot use AC21 or I do not need AC21?
 
State of limbo

This sure is a very tricky situation.

It appears that the service centers are indeed going ahead with the adjudication process even if PD is not current. This is a very good and positive thing.

It however puts us in a very confusing situation such as this one as no one knows what will happen when the PD becomes current and we are asked to go for passport stamping. There is every chance that they may ask you to bring some proof that you are still working for the sponsoring employer.

If this is to be assumed as a final approval, then according to LOSM and few others one should not leave his job at least for 6 months after a I485 approval.

I hope that AILA or some forum brings this as a question to be discussed in one of their regular meetings to help everyone's cause.
 
I would like to thank Arvind for his thoughtful response.
As Arvind stated that as per LOSM & few others one should not leave his/her job for at lest 6 months after aprooval, in my particular case by april end my six months will be over since th einterview is done in Oct. If this is considered as final decision then I shouldbe able to leave and join another employer. But again this puts us in a coonfused state, if they consider this as final determination on the case.
Adding to this I have a question and gurus please advise. Can a person who filed 485 as QA Analyst, change employer and designation to Programmer Analyst or vice versa? Is this considered to be the same designation as both are Analyst position?
 
ksanil23 said:
Thanks Ziri for your reply, but I am little confused here, do you mean I cannot use AC21 or I do not need AC21?
Click to expand...

Your case is not yet approved. They have just conducted the interview. You can use AC-21 and you have keep continuing renewal of EAD and AP. There is no confusuion here.
 
It sounds to me that since the I-485 has not been approved yet, it falls under the typical AC21 case. You would need to change to a 'similar job'.
Now the question, since the interview has been done, I am wondering whetehr there is any practical advantage to the applicant ? In theory if the interview has been done, then the I-485 case has been mainly processed... if you change your job and DO NOT inform USCIS, then it appears that chances to get things denied are minimal. But then you have the possibility that old employer revokes I-140. That's the challenge about it.
 
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