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.   

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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[Kalp S]

Does AC21 rule apply even if you have not received EAD/AP and you are past six months from the adjustment of status filing?

[RM_GC]

Filed I-485 downgrade EB2-->EB3, I-140 approved (EB3), have approved I-140(EB2) as well. No EAD/AP so far and no GC. All with one employer.

Hopefully will receive EAD/AP in few months, after that if I change employer, there are some some forms(I-485J, AC21..) needs to be submitted to USCIS and H1B has to be transferred to new employer (back up). Is my understanding good so far?

Now the question is if my EB2 priority date becomes current, will I be able to interfile and get GC with my old EB2(I-140) from my previous employer? OR I need to go thru the PERM/Labor and I-140 process with new employer?

[Attorney_22]

On 10/29/2021 at 12:50 AM, Kalp S said:

Does AC21 rule apply even if you have not received EAD/AP and you are past six months from the adjustment of status filing?

Yes, AC21 has nothing to do with work authorization. 

[Attorney_22]

On 10/29/2021 at 12:54 PM, RM_GC said:

Filed I-485 downgrade EB2-->EB3, I-140 approved (EB3), have approved I-140(EB2) as well. No EAD/AP so far and no GC. All with one employer.

Hopefully will receive EAD/AP in few months, after that if I change employer, there are some some forms(I-485J, AC21..) needs to be submitted to USCIS and H1B has to be transferred to new employer (back up). Is my understanding good so far?

Now the question is if my EB2 priority date becomes current, will I be able to interfile and get GC with my old EB2(I-140) from my previous employer? OR I need to go thru the PERM/Labor and I-140 process with new employer?

It is generally advisable to file an I-485J when changing employers unless you intend to go back to your original sponsor when the green card is approved. You can also file a change of employer H1B, but if you have your EAD, you can also use the EAD for work authorization. Regarding trying to get back into EB2 after you have made an employer change, unless you intent to go back to the original sponsor, your new employer would need their own EB2 I-140.