using AC-21 with the possibility of I-485 approve soon.

[weigoodone1]

Hi:

I want to use AC-21 to change employment. However, I just had a REF of I-485 a couple weeks ago and I send the reply of REF back and got a LUD as of yesterday.

I filed in EB3 and my PD is 04/03 and I am from China. According to the retrogression of the visa, my case should not be considered until the PD become current. But I did see someone in this forum posted their approval even their PD is not current.

I saw some post in this forum said that after I-485 approved, we are suppose to work for the company who filed I-485 for another 6 months.
I don't have to change employment, but if I change, I definitely will get paid much more than my current salary.

What will happen if I using AC-21 now and I-485 approved before I send AC-21 materials to USCIS?

I know with this process, there is no gurantee anyway. Just wanna get some opinions.

Thanks,

 

[fast_gc_seeker]

Hi:

What will happen if I using AC-21 now and I-485 approved before I send AC-21 materials to USCIS?

u can submit AC-21 anytime before 485 approval. some people submit it
only after RFE..if ur ac-21 reaches after 485 is approved it should not matter and u'll be safe.

 

[weigoodone1]

Hi fast_gc_seeker:

But I also saw some people in this forum said that AC-21 is applicable only before I-485 is approved.

 

[fast_gc_seeker]

Hi fast_gc_seeker:

But I also saw some people in this forum said that AC-21 is applicable only before I-485 is approved.

yes AC-21 needs to be sent before 485 is approved but its not mandatory to send it.
many ppl including me have opinion that ac-21 can be sent only after getting 485 RFE.

 

[MD_Rockville]

many ppl including me have opinion that ac-21 can be sent only after getting 485 RFE.

avoid AC21 till you are asked about it..don't give lot of information unless asked..if 140 is approved and 485 is pending > 180 days..get a new job with good employer and get on with it..i know more than 10 folks approved in the same way...none of then informed USCIS..none of them got RFE


sending AC21 to USCIS is about inviting RFE in 90% cases..AC21 memo says that applicant is "expected" to inform..you don't "have to" inform
if you KNOW that your 140 is not going to be revoked ( withdrawn ) ..then there is no point sending any AC21 paper proactively