USE OF EAD with AC21

K

kmsrao

Registered Users (C)
I got laid off this month and I have not yet found a new Job. My I140 is already approved and 200 days happened I filed my I485. I have also received my EAD last month.

I find through the forums that I can use the EAD for change of employer and start working.

But, How soon should I find a job/Employer and file AC21. Please let me know.

Thanks
 
at the time of adjustment ie rfe or interview you should have the job which is of similar profile with wages equal or higher then LCA.
 
Wages same or higer is not must

Yes at time of adjustment. You should have similar or same job. It is better if you have a wages equle or higher than you LC but not must. Similar mean if you are in sofware you must find a software related Job.
 
Hi,

seems, My question is not understood properly, or my question is not clear.

How soon should I find a job/Employer and file AC21.

If I find a job after one month and the employer file AC21 at that time, is this fine. Because there is a time gap, I lost my job and find a new job and file for AC21. If so what is the risk involved.
If I am not wrong, my employer has to file AC21, but not me.

your answer does not say about AC21, but it says about the similar employment reference details to produce at the time of RFG or Interview.

Please resolve my clarification.

Thanks.
 
It's simple

Your past or future employer does not file for AC21.

AC21 act allows the immigrant (whose adjustment of status i.e. 485 is pending for more than 180 calendar days) to change the employer. Since your 485 has been filed more than 200 days back you can use AC21 without any problems. Moreover you are not leaving your current employer but you got laid off. You have no other option but to find another job.

All you need to do is to find another job. Nobody in this world likes to be without pay for long so it's understood that you would try to find a new job asap.

When you will find a new job you will use your EAD to join that. All you need is to inform the INS about your job change (some lawyers suggest that you don't even have to inform the INS, so better ask your lawyer about that).

The reason it is said that you should have a job is that suppose if there is an RFE on your case for Employment Letter etc. then you should be able to reply to that.

To use AC21 you should be employed in the same profession as stated in your LC. Job description should be the same salary really doesn't matter but try to get the same or more salary as mentioned in the LC.

Hope it helps.
 
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