Working on EAD for more than 1 year, Can i file AC21 now?

[guptarajesh75]

All,

I have my I-485 (Pending) and i-140 approved from my previous employer. I waited for 180 days before changing the job. Took care of all the formalities but didn't file for AC21 with my new employer. As my lawyer advised me that its not necessary. Also i read somewhere that its not compulsory to send the AC21 letter to USCIS.

So I changed job about 1 and half year ago. I heard somewhere that it can cause issues later on which scared me little bit, so i have few questions.

1. May i still file the AC21 portability? Its been about 1 year 6 month, since i am working for this new company now.
2. I know GC is for future employment, what else do i need to do so i don't have to go back and work for previous employer. I am certain they will not give me job in the future.
3. what kind of issue it can cause, if i don't file for AC21?

any help will be appreciated.

thanks

 

[ginnu]

All,

I have my I-485 (Pending) and i-140 approved from my previous employer. I waited for 180 days before changing the job. Took care of all the formalities but didn't file for AC21 with my new employer. As my lawyer advised me that its not necessary.
Also i read somewhere that its not compulsory to send the AC21 letter to USCIS.
----------USCIS expects that you inform. if they send RFE it will go to lawyer who filed I-485(if lawyer not changed). In RFE they ask lot of documents.So I changed job about 1 and half year ago. I heard somewhere that it can cause issues later on which scared me little bit, so i have few questions.
------------not a problem you can file AC21 now.

1. May i still file the AC21 portability? Its been about 1 year 6 month, since i am working for this new company now.
----------------You CAN and you should.
2. I know GC is for future employment, what else do i need to do so i don't have to go back and work for previous employer. I am certain they will not give me job in the future.
3. what kind of issue it can cause, if i don't file for AC21?
---USCIS may send RFE and may ask lot of documents before they approve I-485
any help will be appreciated.

thanks

-------------------

 

[guptarajesh75]

Thanks a lot for the reply.

Beside AC21 do i need to do anything to make sure that i don't have to go back the employer who filed my GC? Well for obvious reasons they will not offer me job?

 

[ginnu]

Thanks a lot for the reply.

Beside AC21 do i need to do anything to make sure that i don't have to go back the employer who filed my GC?
-------Did you read the threads? Did you read AC21 Memo? Read all. AC21 is for job change. once you request to invoke AC21 and send new employer same/similar job offer letter then the I-485 is approved based on New Job offer letter and you should work with the employer who gave you Latest job offer letter to invoke AC21. If I-140 was filed by A and you are working with B and B gives you letter to invoke AC21 then your I-485 is going to be approved on the base of B job offer letter and you should work with B after getting GC.

Well for obvious reasons they will not offer me job?

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