Questions on AC21

[usha03]

I understand that if a person's I140 gets approved and 485 has been pending for 180 days, he/she can change employer provided the job is similar to what the labor was approved for.

1) Are the 180 days of I485 pending counted after the approval of I140?

2) Can the employer who sponsored GC, revoke the I140 after the person changes the employer making use of AC21?

 

[kirankumarj]

1) 180 days are counted from the day I485 has been applied. So,that means you could change on the same day your I140 is approved.

2) I guess,the employer can try to revoke even after I140 approval. So,it is safe bet to notify USCIS about the using of AC21. That will guard us even if the I140 is revoked.

Hope this helps.

 

[usha03]

1) 180 days are counted from the day I485 has been applied. So,that means you could change on the same day your I140 is approved.

2) I guess,the employer can try to revoke even after I140 approval. So,it is safe bet to notify USCIS about the using of AC21. That will guard us even if the I140 is revoked.

Hope this helps.

So does notification to USCIS about using AC21, explain the reason for changing employer? Or is it just notification without the mention of any reason?

 

[kirankumarj]

From the knowledge gained in this forum, i can say that you need not give the reason for changing the Employer. You need a offer letter from the new employer showing the similar title and almost the same Pay.

If you search in this forum,you probably might find the format of letter you need to write to USCIS along with any other requirements.

All the best !!

 

[Vish1348]

From what i read in this forum, Employer cannot revoke I140 once approved and your 485 has been filed / pending more than 180 days. See that many ppl have the same idea but im not sure of the actual source of this info. Maybe some senior members can help us here. im thinkin of ussing AC21 too but im kinda skeptical !!

Vish