AC21 while i-485 pending - EB1

[JNJOE]

Dear All,

I've a the below scenario.

My GC (EB1 C) was filed concurrent by my current company (say ABC) on Feb-2018; i-140 was approved on Aug-2018; i-485 AOS interview done in Mar-2019. As per my understanding, my i-485 have passed the 180 days (from Feb-2018). And I have my EAD till Jan-2021.

Now, I got a new Job Offer  from a new company (say XYZ) in the same city I have my current job.

1. Can I join the new company (XYZ)?

2. If yes, should we file AC 21 (by Lawyer of the new company OR by Myself)?

3. My current company Position (on which GC is filed) is " Program Manager" and the new company have Offered the Job as "Sr. Manager" (both in IT) . Is these 2 jobs qualifies for the Same/Similar job req for AC21? 

4. Will changing the Job using AC21 impact my GC (i-485) in any way?

5. Can my previous employer "ABC" revoke my approved i-140 or in process i-485? If Yes, what is the impact on my GC process?

6. If I will have to file a new EAD extension, will it have to do any processing/documents/filing with my old company ?

7. As of the current analysis of EB1C priority date, the i-485 for Feb-2018 may get approved by Feb-2020 only. Is it advisable to wait till GC in hand to switch the job?

8. Any advise you can give me in this scenario will be of a great help.

 

Appreciate your help,

Thanks,

Joe

[my2239]

Answers in line

1. Can I join the new company (XYZ)?

----Your choice

2. If yes, should we file AC 21 (by Lawyer of the new company OR by Myself)?

----Your choice

3. My current company Position (on which GC is filed) is " Program Manager" and the new company have Offered the Job as "Sr. Manager" (both in IT) . Is these 2 jobs qualifies for the Same/Similar job req for AC21? 

---- They appear to be at least 50 % similar if the USCIS doe snot agree, they will let you know

4. Will changing the Job using AC21 impact my GC (i-485) in any way?

------Should not if all other criteria are met

5. Can my previous employer "ABC" revoke my approved i-140 or in process i-485? If Yes, what is the impact on my GC process?

----- While they can, as per AC21 memo, you can argue that this should not matter if USCIS issues a NOID

6. If I will have to file a new EAD extension, will it have to do any processing/documents/filing with my old company ?

------ Generally it should help to have w2, pay slip from current employer but refer the required evidence for filing EAD and if you have that then you are good

7. As of the current analysis of EB1C priority date, the i-485 for Feb-2018 may get approved by Feb-2020 only. Is it advisable to wait till GC in hand to switch the job?

------- If you can wait it should obviously help, if not your choice

8. Any advise you can give me in this scenario will be of a great help.

------All the best