Applied for AC21, Got GC recently, Can I change employer right away?

[neoram111]

Hi,

I have applied for AC 21 portability and changed employer. I recently got my green card. Can I change employer right away or should I wait for six months?

Thanks,

Ram

[Belle]

The point of AC21 is to inform the USCIS who you will be working for AFTER your petition is approved. If you wanted to work for someone else, you should have used AC21 again to change your intended employer.

[yourstruly]

I'd say its definitely risky. I know of cases where their GC was cancelled because they weren't working for the sponsoring employer. USCIS may or may not have received your AC21 petition. Even if they did, they might not know it. Its just an unnecessary risk and hassle to change jobs now. Wait for 6 months, preferably one year.

[reddycool]

wait for 6 months( from the date you got your GC )

[neoram111]

Originally posted by Belle:

The point of AC21 is to inform the USCIS who you will be working for AFTER your petition is approved. If you wanted to work for someone else, you should have used AC21 again to change your intended employer.

Hi Belle,

I think I did not put my question clearly. here it is:I applied for green card through employer A. I changed job to employer B after 180 days of filing my I-485 and immediately filed AC21. My I-485 is approved a month back and I got my green card. I have an offer with another employer now, can I change job or should I wait for six months before I change job? Please help.

Thanks,

Ram

[Belle]

You should be working for the employer that was your sponsor on the date your I-485 was approved. If you wanted to change that employer, you should have taken the offer and filed AC21 again.

[Attorney_6]

The question was clear initially, and the responses given were correct.

The AC21 employer essentially becomes the "sponsor." That is the job that the GC is based upon. So, any expectations as to place of employment after GC approval shift to this new job. Thus, a person should keep the job upon which the GC was based (the AC21 job in this case) for a reasonable time after approval (as they only got the GC b/c of that job offer and their assertion of their intent to work in that job after approval.)

So, bottom line, no....do not switch jobs right after GC approval even if you used AC21 mid-stream.