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140 Approved - C/P Selected - Employer change - AC21?

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hello - need advice please.

Have US masters - worked on H1 - GC applied for by company in my 6th year - May 2009 - eb3 India.  H1 expired - returned to India in 2009.

Perm was denied twice but attorneys appealed and it was eventually approved 7 yrs later - 2016.   I-140 applied and approved feb 2017. CP selected.

Now the dates may become current soon. Filing dates are current and employer got letter from NVC to pay fees etc. 

Scenarios / Qns

I am no longer employed with the company - possible that they may not extend the offer from 2009. But they won't revoke the 140. 

I can however readily find employment in the same field from any other company - I am also more experienced now in my domain and can be self employed.

Is there anyway I can use AC21 in this case - I understand it is only for pending 485 cases but I could not file 485 because of significant delay in approving Perm and also due to retrogression even if perm and 140 were approved. Also could not extend H1 because of the delay.


My wife also has a US masters and has an 140 approved and can readily find employment but had to move with me and is stuck in India because of my situation - can we use " compelling circumstances " scenario here and make a case ?

I understand the normal route is to restart the GC with another company but retain the p/d - but that is harder to do (finding another company who will hire, start GC and wait that long for me to start) from India and there is significant risk of RFEs and a further delay of a year or more, given the scenario today. I already lost 10 years.

Greatly appreciate any input - thank you


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AC21doesn't apply. The nee company would have to start the GC process from scratch.


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