Use of AC21 for an EB1-OR case

mrag

Registered Users (C)
Anyone aware or have any comments on the use of AC21 by an EB1-OR case. What are the conditions to be met? How risky is that if it is done voluntarily (i.e. not layoff or closure of the company that filed I140).
Thanks

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My case details:
WAC030175....
EB1 OR Case
I140&I485,I765,AP - Notice Date Oct23,2002
I140 Approved Dec 16,2002
FP: Done on Dec 3, 2002
AP: Approved on Dec 25, 2002
EAD approved on April 24, 2003
 
Ah, good question. You will definitely need an immigration attorney to advise how to approach your situation. As soon as you get an educated advice, my ramblings below will become irrelevant :)

OK, here goes.

Since we are talking about an "Outstanding Researcher" subcategory of EB-1, you still need a "permanent" job offer from the sponsoring employer who has filed I-140. You don't have a Labor Certification, though.

So, since you have I-140 and a requirement of a job offer for a permanent position, my best guess that AC21 actually applies to EB-1 OR. However some sources indicate that the job offer may not necessarily be that "permanent", but I-140 filing description clearly states otherwise.

Furthermore, since you don't have a Labor Certification, there is less chance of running into problems after the job change; the problems related to geographical location, job title and description and other stuff which usually travels along with EB-3.

Well, if you are really have to change the job right now, then go ahead and change it. Get a new job offer with the same title and job description resembling the original offer. The salary, lacking Labor Certification guidance, is not supposed to be less than the original job offer.

If you can wait, then keep the current job until the I-485 is adjudicated. Existing AC21 regulations are pretty vague and, as you have already noticed, do not mention any EB-1 OR specifics. On the other hand, you have less to lose if your I-485 will be turned down, so, I guess, it is a simple judgement call - how much risk you are willing to take.
 
Thanks...

It is flattering and all, but AC21 is pretty straightforward and one does not have to be a rocket scientist to understand and interpret it.

Besides, EB-1 OR question is apparently out of my league, for I have no knowledge on specifics of EB-1 OR filing. I do understand the requirements for the filing, but there is more underneath it. A lawyer who deals with EB-1 OR (specifically this subcategory; EB-1 EA or EB-2/NIW will not do) on a regular basis will provide much more information, which incidentally will happen to be right to the point. Furthermore, I suspect that EB-1 OR may be not exactly the right subcategory for AC21 application.
 
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