Employer Change: Advise Needed (AC21)

[srmed123]

Hello,

 

I have my I-140 Approved with company A. Company B acquired Company A and filed my I-140 Amendment (Successor-In-Interest) and I-485 concurrently last year (Nov 2015). I am hoping to get my I-140 Amendment approval this week.
 

I have a new offer from company C. Can i switch to new company C using AC21 (I-485 pending more then 180 days). My current employer B will withdraw the I-140 petition once i move to company C.

Can you let me know if i need wait for 180 days after my I-140 amendment is approved before i can switch to company C or can i move immediately to company C?

Does the 180 day rule apply for I-140 Amendments?

 

Your inputs are highly appreciated.

 

Thanks,

SM

[srmed123]

Hi,

 

Any replies would be highly appreciated.

 

-SM

[pontevecchio]

. Successor in Interest merely files a letter taking over your Immigration responsibilities and the I-140 has already been approved. Hence you should be able to use AC21. Before that involve a lawyer.

[srmed123]

Thank you pontevecchio for you reply. If the Company C is also willing to transfer my H1b. Can i do both H1B transfer and AC21 to the new company just to be on the safer side? Can you let me know if this would help continue my GC process? Thanks!!

[pontevecchio]

Based on your post you are undergoing AOS. The S-I-I has no relevance to the matter. Are you ROW ? On what basis was the AOS filed?. Once an AOS is filed after I-140 approval, AC21 will protect you.

[srmed123]

Thank you pontevecchio. The new company C is willing to do both AC21 and H1B transfer. You said AC21 would protect me. I am ok with that. Can you let me know if we can do both (AC21 and H1B transfer) since they both are independent process?

 

 

[pontevecchio]

There is no procedure for invoking AC21. some lawyers are proactive and write to the USCIS with facts claiming AC21 protection. Some wait till there is an RFE at some future time.  Before that involve a Lawyer at the risk of repetition.