Should I send AC21 documents??

[gondalguru]

I used to work for Company A (worked there for 2 yrs) and during that time applied I-140 which got approved June 2006. I left that company and started working for another company B in March 2007. Job duties and title remained the same.

In July 2007 I applied I 485 using company A's I-140 ( as a future employment, company A gave me the Job offer letter and also the job contract for future employement).

Now it is almost 10-11 months since I-485 is pending. I plan to stay with my current company B even after I get my GC.

I am preety sure that I qualify for AC21 protability act. Should I send the new employement information to USCIS for AC21 or wait for their RFE? If yes than what is that I need to send them?

 

[nj_skm]

I am preety sure that I qualify for AC21 protability act.

I'm not so sure about that. AC21 applies if you're I-140 is approved and your I-485 has been pending for more than 180 days with the sponsoring employer.
Since you applied for the 485 after moving to company B, you won't come under AC21.
Did you move to B on an H1?

However, 485 is for future job offer so if company A continues to support your application, you'll get the GC.

My $0.02.

 

[ginnu]

I used to work for Company A (worked there for 2 yrs) and during that time applied I-140 which got approved June 2006. I left that company and started working for another company B in March 2007. Job duties and title remained the same.

In July 2007 I applied I 485 using company A's I-140 ( as a future employment, company A gave me the Job offer letter and also the job contract for future employement).

Now it is almost 10-11 months since I-485 is pending.
--------You are eligible foe AC21
I plan to stay with my current company B even after I get my GC.
---------------That is OK, get permanent job offer letter from B with same/similar job duties and can invoke the AC21
I am preety sure that I qualify for AC21 protability act.
---correct
Should I send the new employement information to USCIS for AC21
-------You Can (keep the copy of all the documents that you send to USCIS)

or wait for their RFE?

If yes than what is that I need to send them?
-----------------------------Cover letter with your Name, A#, DOB, I-485 Reciept # and request to invoke AC21 , Sign the letter with date and your address +permanent job offer letter from B with same/similar job duties+ I-485 filing reciept Copy(send it to the service center where I-485 is pending and out side the envelpe write in big bold letters: Request to invoke AC21 with Pending I-485

------------------

 

[Jackolantern]

I'm not so sure about that. AC21 applies if you're I-140 is approved and your I-485 has been pending for more than 180 days with the sponsoring employer.

AC21 doesn't require actually working for the original sponsoring employer for 180 days. In most cases it seems like there is such a requirement, because many employers would revoke the I-140 if you left them or didn't start working for them within that 180 days. But once the 180 days have passed, you can work for whoever you want as long as the "same or similar" criteria is met, even if you never worked for the sponsor ... although if USCIS calls you in for an interview, you may run into difficulty in trying to convince USCIS that you had an intent to work for the original sponsor and them having the intent and ability to hire you. Not an impossible task by any means, but it is certainly easier to convince them of that mutual intent if you actually worked for them.