AC21 and Employment Changes After Filing for Adjustment of Status

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding AC21 and changes to your employment after filing for Adjustment of Status.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

[ChandG]

Hi,

I applied for i485 and i765 in Oct 2020 (based on filing action dates). My fingerprints for EAD were done mid March and I was told it might take upto 6 months to get EAD. Can I change employers in Apr 2021(6 months after my i485 application date)? But given I don't have EAD, what are my options? Can I ask my potential employer to transfer my H1-B visa and simultaneously file AC21? Will that impact my GC or EAD applications? I am the primary on my application and don't want to jeopardize my applications.  At the same time,  I don't want to turn down a great offer from my prospective employer. Please advise. 

[rbp]

8 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding AC21 and changes to your employment after filing for Adjustment of Status.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

hi, I have filed for AOS with EB2 to EB3 downgrade.

Is it possible to change employer while the application is in process? what will be the risks involved in it.

[manojkuttam]

I filed my I-485 on Oct 2020 with EB2 to EB3 downgrade. Now, if I start using my 485 EAD, and if EB2 priority date becomes current can I switch back from EB3 to EB2 and get GC ? Will, using my 485 EAD stop me from moving from EB3 to EB2.

[jaki614]

8 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding AC21 and changes to your employment after filing for Adjustment of Status.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

Hi everyone, Thanks for this opportunity. I have couple of questions around my situation. 

1. After 6 months of I485 submission, do we need to have a green card EAD to move to a new company without H1? or can we move while waiting for EAD card?

2. Is FMLA leave time period affects standard 6 months wait time after I485 submission?

 

[Sandymk]

Is it not recommended to switch companies soon after 6 months from I765 receipt date? I haven't received EAD approval yet.

[SBOSE4]

21 hours ago, ChandG said:

Hi,

I applied for i485 and i765 in Oct 2020 (based on filing action dates). My fingerprints for EAD were done mid March and I was told it might take upto 6 months to get EAD. Can I change employers in Apr 2021(6 months after my i485 application date)? But given I don't have EAD, what are my options? Can I ask my potential employer to transfer my H1-B visa and simultaneously file AC21? Will that impact my GC or EAD applications? I am the primary on my application and don't want to jeopardize my applications.  At the same time,  I don't want to turn down a great offer from my prospective employer. Please advise. 

 

[12320]

On 4/1/2021 at 12:15 PM, ChandG said:

Hi,

I applied for i485 and i765 in Oct 2020 (based on filing action dates). My fingerprints for EAD were done mid March and I was told it might take upto 6 months to get EAD. Can I change employers in Apr 2021(6 months after my i485 application date)? But given I don't have EAD, what are my options? Can I ask my potential employer to transfer my H1-B visa and simultaneously file AC21? Will that impact my GC or EAD applications? I am the primary on my application and don't want to jeopardize my applications.  At the same time,  I don't want to turn down a great offer from my prospective employer. Please advise. 

 

[Venu B]

EB2 I140 approved 8 years ago. New EB3 I140 applied along with AOS last October, and got approved in March. Do I need to stay with the current employer for 6 months after the new I140 approval?

[HariKan]

I am currently on H1B. I applied for I-485, I-765 and I-131 in Oct 2020 (My priority date is Nov-20-2009 and I have an approved I-140). All my applications have been received by USCIS. Notice for my biometrics appointment has not arrived yet.

Can I change employers in April 2021 (6 months after my I-485 application date) to a similar job by invoking AC21? 
Given that I don't have EAD, what should I furnish to the potential employer ? Is filing I-485 j compulsory ?

My spouse (H4-EAD) is in the same boat, applied for I-485, I-765 and I-131 along with my applications in Oct 2020, no biometrics appointment yet. If I invoke AC21 - what happens to her H4-EAD based employment, which is based on my H1B. Is she eligible for her own AC21 when her I-485 (derivative) hits 180 days ?

Thank you for discussing this topic.

Edited April 7, 2021 by HariKan
Typos

[sovi]

Hello,

Thank you for this opportunity to pose our questions. I have a few clarifications regarding changing employer based on pending I485. I filed my EB2 based I-485 in Oct'2020, given my finger prints for EAD in March and waiting for the EAD Card. 

1. If I want to switch employers using my EAD, what documents should I submit to USCIS to notify them of this employer change and usage of AC21? 
2. When my priority date eventually becomes current (and assuming I had already switched working to a new employer), does my new employer have to submit any paper work to process my GC? 
3. Will the answer to #1 & #2 be different if I switched to a new employer using H1 instead of EAD? 

[Thor]

I-140 Immigration Petition for Alien Worker under EB2 category  with Priority Date of April 2014

 In Oct 2020, When EB3 date of filling moved to Jun 2015, Current Employer filed an I-485 (Adjustment of Status) form and a concurrent new I-140 under EB3 (Downgrading from EB2) category.

                        Recent pending applications :-                                                                   Received Date           

                        I- 485 Application to Register Permanent Residence or Adjust Status    October  2020

                        I- 131 Application for Travel Document                                                       October  2020     

                        I- 765 Application for Employment Authorization                                      October  2020          

                        I-140 Immigration Petition for Alien Worker under EB3 category :       October  2020 

My current H1B will expire in next 6 months.

 

Here is the list of questions I have :-

1) Can we switch jobs when the above I- 485 (Adjustment of Status) applications is pending and what is the risk associated with it?

2) If we use the AC21 portability rule (i.e. I-485 pending for more than 180 days), do we need to have the new I-140 EB3 in approved state ? 

If I switch job:

3) Will new employer is recommended to file a new H1B to maintain the H1B status till the I-485 application is approved?

4) Will new employer file  also need to file the I-140 and PERM again even though I-485 was already filed with old employer?  What happens if the current employer revokes EB3 140 in the process?

Thanks in advance.

 

[Attorney_22]

On 4/1/2021 at 1:15 PM, ChandG said:

Hi,

I applied for i485 and i765 in Oct 2020 (based on filing action dates). My fingerprints for EAD were done mid March and I was told it might take upto 6 months to get EAD. Can I change employers in Apr 2021(6 months after my i485 application date)? But given I don't have EAD, what are my options? Can I ask my potential employer to transfer my H1-B visa and simultaneously file AC21? Will that impact my GC or EAD applications? I am the primary on my application and don't want to jeopardize my applications.  At the same time,  I don't want to turn down a great offer from my prospective employer. Please advise. 

If you would like personalized legal advice I suggest calling our office and speaking with one of our attorney. However generally, after an I-485 has been pending 180 days you can utilize the provisions of AC21 to continue the green card process. This is separate from your work authorization, which would either be EAD or H1B based on the details you provided above. 

[Attorney_22]

On 4/1/2021 at 9:16 PM, rbp said:

hi, I have filed for AOS with EB2 to EB3 downgrade.

Is it possible to change employer while the application is in process? what will be the risks involved in it.

To utilize the provisions of AC21 after your I-485 has been pending 180 days, the I-140 must have been approved, or approvable when filed. If the I-140 is still pending there are risks. You should call our office to speak in detail about your situation. 

[Attorney_22]

On 4/1/2021 at 9:19 PM, manojkuttam said:

I filed my I-485 on Oct 2020 with EB2 to EB3 downgrade. Now, if I start using my 485 EAD, and if EB2 priority date becomes current can I switch back from EB3 to EB2 and get GC ? Will, using my 485 EAD stop me from moving from EB3 to EB2.

EAD is only a work authorization document, it will not affect the category your green card is being adjudicated in. In regards to your first question, it is a grey area that is best discussed directly with your attorney. 

[Attorney_22]

On 4/1/2021 at 9:37 PM, jaki614 said:

Hi everyone, Thanks for this opportunity. I have couple of questions around my situation. 

1. After 6 months of I485 submission, do we need to have a green card EAD to move to a new company without H1? or can we move while waiting for EAD card?

2. Is FMLA leave time period affects standard 6 months wait time after I485 submission?

 

To work you need valid work authorization, such as EAD or H1B. If this is your first EAD, you need it to be approved to utilize that as work authorization. FMLA does not affect the provisions of AC21. 

[Attorney_22]

On 4/1/2021 at 10:02 PM, Sandymk said:

Is it not recommended to switch companies soon after 6 months from I765 receipt date? I haven't received EAD approval yet.

Call our office to discuss the circumstances of your situation. 

[Attorney_22]

On 4/4/2021 at 2:06 PM, Venu B said:

EB2 I140 approved 8 years ago. New EB3 I140 applied along with AOS last October, and got approved in March. Do I need to stay with the current employer for 6 months after the new I140 approval?

It depends. Call our office to discuss your personal circumstances. 

[Attorney_22]

On 4/7/2021 at 12:46 AM, HariKan said:

I am currently on H1B. I applied for I-485, I-765 and I-131 in Oct 2020 (My priority date is Nov-20-2009 and I have an approved I-140). All my applications have been received by USCIS. Notice for my biometrics appointment has not arrived yet.

Can I change employers in April 2021 (6 months after my I-485 application date) to a similar job by invoking AC21? 
Given that I don't have EAD, what should I furnish to the potential employer ? Is filing I-485 j compulsory ?

My spouse (H4-EAD) is in the same boat, applied for I-485, I-765 and I-131 along with my applications in Oct 2020, no biometrics appointment yet. If I invoke AC21 - what happens to her H4-EAD based employment, which is based on my H1B. Is she eligible for her own AC21 when her I-485 (derivative) hits 180 days ?

Thank you for discussing this topic.

To work in the U.S. you need valid work authorization, such as a valid EAD card or H1B for the employer. Filing an AC21 notification is not required unless requested by USCIS, or there is an interview and you need to supplement the file. For your spouse to remain in H4 status, you need to maintain your H1B status.