Risk involved in using AC21

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PareshanAatma

Registered Users (C)
Hi Guys,

I am new to term AC21. Currently I am working for a consulting firm (current employer ) and onsite at client and wanted to change my employer A to B.
My I-140 and I-485 were filed 14 months back and my I-140 got approved 7 months ago.

I am thinking of using Ac21 for joining new employer, what are my risks.

1) If 6 months down the line new employer fires me for any reason or company shuts down ?

2) Assume case 1 happens and I don't get a new job for another 2 months, does this gap creates any issues ?

Any other ideas / suggesstion will be greatly appreciated.

Thanks
 
As far as AC21 provisions are concerned. you are safe to switch companies ( because you have worked for more than 180 days after 485 is filed and I-140 is approved).

Your new employer should file AC21 rightaway and get the approval.
It is risky to use EAD if for some reason your 485 is not approved, you willbe in trouble. Also make sure your prior employer doesn't withdraw or use your labor for someone else. There is a possibility that they (employer ) can do that.

Expert on the forum can validate my statements and check with your new employer's attorneys.

Good Luck...
 
The biggest risk is always your ex-employer. If you can make sure your ex-employer don't do anything bad on you like withdraw I-140, complain to USCIS you're leaving, any fraud involved, etc., you are pretty safe.
 
Last edited by a moderator:
PareshanAatma said:
Hi Guys,

I am new to term AC21. Currently I am working for a consulting firm (current employer ) and onsite at client and wanted to change my employer A to B.
My I-140 and I-485 were filed 14 months back and my I-140 got approved 7 months ago.

I am thinking of using Ac21 for joining new employer, what are my risks.

1) If 6 months down the line new employer fires me for any reason or company shuts down ?

2) Assume case 1 happens and I don't get a new job for another 2 months, does this gap creates any issues ?

Any other ideas / suggesstion will be greatly appreciated.

Thanks
Click to expand...
1...... What if you get fired from you are currently working ? or this company shuts down ...... Its the same reason you will use AC21. Dont worry you are safe as long as you find similar job.

2,..... Gap does not harm your green card process. As long as at the time of adjudication you have a bonafide and similar job or job offer.

Try to leave this company with good terms .. its always good. However your sponsoring employer can not harm your GC. Even if he revokes or use your labor for someone else. That is what AC21 saves you from. YOU ARE SAFE .. dont worry. Pareshan mat no yaar ;)
 
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