Using AC-21, I-140 not cleared yet.

H

hopefull1

Registered Users (C)
Hi Gurus -

I might have to use AC-21 to switch jobs in the event my I-140 does not get approved within the next couple of months. I filed concurrently in Jan/2004 and with the Ohata memo all the hopes of getting I-140 in near future is dashed.

Now my question is:
-- If my current company agrees not to revoke my I-140 and agrees to respond to the RFE's if any.. can I make the switch to the new employer?
-- I dont know if I can call it using AC-21, since I intend to get new H-1 from new company and let the old company pursue the green card on my behalf.
The other complication that I see is that even if my current company agree to do all this, I will have to join them when I get the green card since both I-140 and I-485 will be adjudicated at the same time..

Please advice.. Thanks
 
hopefull1 said:
Hi Gurus -

I might have to use AC-21 to switch jobs in the event my I-140 does not get approved within the next couple of months. I filed concurrently in Jan/2004 and with the Ohata memo all the hopes of getting I-140 in near future is dashed.

Now my question is:
-- If my current company agrees not to revoke my I-140 and agrees to respond to the RFE's if any.. can I make the switch to the new employer?
-- I dont know if I can call it using AC-21, since I intend to get new H-1 from new company and let the old company pursue the green card on my behalf.
The other complication that I see is that even if my current company agree to do all this, I will have to join them when I get the green card since both I-140 and I-485 will be adjudicated at the same time..

Please advice.. Thanks
Click to expand...

1. Yes.
2. It is not AC-21.
 
why join the old employer?

Im not clear - once you made the switch to the new employer, are we required by law to come & work for the old employer once the green card is applied?

i dont think so - but the senior members in this forum can shed light on this...
 
not if you use AC21

If you use AC21 to change jobs before ur. GC is approved then ur. new empoyer becomes the GC sponsor. However if you leave the employer before you qualify for AC21 and ask the GC sponsor to continue the GC process for future job than you will have to join your GC sponsor once you get the GC or in 485 stage.

I have read in the forum that there is a way of getting GC for future job and not joining the sponsoring employer at all by using AC21 somewhere.... however that part is fraught with risks I believe.

will_get_there
 
Hi Will_get_there...
I am in the same situation as hopefull1 is...I filed I-140/I-485 in Jan 2004..(TSC)...I will be joining my Client using 8th year extension of H1....other company will continue my GC process...As per your answer...do I really have to join them after/before 485 is approved?

Lemme know...
 
Texas Consolidated I140 Tracker

We have many threads running for Texas I140 and I485 cases. Don’t you think we can save time and efforts by posting only to one thread for all our questions and concerns for I140 and I485? I propose "Texas Consolidated I140 Tracker" to be the common thread. Do you agree with me?
 
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