Planning job change under AC21, who will response for RFE, if received, after changing employer


hak

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Hello! 
My first post and love to be on this forum and as it is very informative. 

I want to ask about changing employer under AC21. I am currently looking for changing job to a new employer and start working on EAD. Got a few questions regarding this:

  1. How do I inform USCIS that I have changed the employer; and who will send this information to them?
  2. While still my 485 application pending, if USCIS sends the RFE, after changing the employer, who will receive the RFE? Are they going to send to my current company's lawyer add/or will I also get the notification via email or copy of RFE via email? In case, I will receive a copy, how will I be able to proceed in replying the RFE?

I will appreciate, if someone can help in this regard.

Thanks in advance.

HAK

 

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  • 4 weeks later...

>> How do I inform USCIS that I have changed the employer; and who will send this information to them?

Fill Supplement J form with your details (Part 3, Part 6 - i recommend you fill it before you send it to your employer) , send it to your employer ; Ask company representative (could be your manager / HR / Legal) to fill in their details (Part 5, 7 and optionally 8)  , print , sign it and send signed original to you. You then sign it , attach photo copies of I-140 , I-485 receipt (don't forget to put in control number SRC/LIN/.. etc) and mail it to USCIS. If not you , your attorney can mail it if the person is on G-28 file. If your attorney is sending make sure they may need to fill Part 4.

 

>> While still my 485 application pending, if USCIS sends the RFE, after changing the employer, who will receive the RFE?

Depends on who sent it and if you have an attorney on file. RFE can come to you directly if it is I-485. I know one case where finger printing request was mailed to both the applicant and the attorney on file.

>>Are they going to send to my current company's lawyer add/or will I also get the notification via email or copy of RFE via email?

See above reply.

>>In case, I will receive a copy, how will I be able to proceed in replying the RFE?

What type of RFE do you expect? Supplemental J form aka AC21 is just a way to indicate you have moved out of your original employer and you have a valid full time employment with a US employer.  I-140 withdrawal will not affect your chances if more than 180 days have elapsed after filing I-485. Below are two more links from murthy site

https://www.murthy.com/2016/01/27/priority-date-retention-i-140-revocation-protections-proposed-regulation/

https://www.murthy.com/2010/05/14/murthy-success-story-ac21-portability-after-i-140-revocation/

As per the recent changes the I-140 will not be revoked if the employer withdraws or goes out of business. 

Good Luck.

 

 

 

 

 

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