When and How to Use AC21

M

mv1211

Registered Users (C)
hi,

i have couple of questions to ask regarding switching jobs during gc process....here is my situation...

i work in ma...my labor was cleared last yr..in may...i filed for i-140 and i-485 concurrently in july '03...both of them are pending...i have ead and ap approved and with me...my h1-b expires in oct '04 cos of 6-yr limit ...

i want to change job using ac21 as 180 days have passed by after i filed the applications...now my questions are..

1. can i change job even while i-140 is pending
2. if i can, will the cancellation request for 140 & 485 from my current employer have any effect on my gc
3. when i change job...will my new company have to apply for something to uscis
4. do i need to inform uscis when i change job
5. am i taking any risk by switching job

any help will be appreciated...

thanks,
mv1211
 
Until the I-140 is approved, you have no ability to switch jobs under AC21. If the old employer wishes to withdraw your I-140 application, he can do so, and your GC goes POOF! .... just like that.
 
Is this ture even after I-140 is approved. Can the old company withdraw I-140 even after approval
 
The company can withdraw an approved i-140 if the 485 is pending for less than 180 days. An attempt by the comapny after 180 days results in an RFE that you have to respond- meaning you must have the new similar job.
HTH
 
lets say on 1st april my 180 days are done for 485, and I quit the old job or get kicked out and then on 15th April I get a new job with same position , will cancle my 485 as i was without job for 15 days.
 
There is no issue about canceling 485.
The issue is 140. If 140 is not approved it can be withdrawn. If 140 is approved and 485 pending less than 180 days it can be revoked- by employer.
HTH
 
Hi -- a couple of follow-up questions if I may wrt the possibility of the I-140 / I-485 process continuing successfully even if an employee is no longer with the sponsoring company:

#1 What does a company have to do to revoke an I-140? I'm assuming they have to file a form -- is there a fee associated with this? I'm just wondering how likely a company would be to revoke an I-140 unless a) they needed it (?) or b) if the employee left on bad terms.

#2 Hypothetically, what would happen if the employer that sponsored the I-140 went out of business before the I-140 was approved -- would the I-140 continue to "live on" or would the loss of the sponsoring company effectively revoke it?

Thanks in advance!

ETA
 
1. I am not aware of the process of revoking 140. I guess it would be a simple letter without fees.

2. If the company goes out of business and BCIS comes to know of it- then BCIS should/would issue RFE etc to asceratin the situation. And then potentially the 140 application would be denied. But I am not aware of how BCIS would come to know that the comapnay has ceased to exist. But as a part of the 140 process BCIS does ascertain that the company is a genuine oragnaization with ability to pay- so they do something at some stage. So in short you have to depend on good luck.

HTH
 
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