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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[upendar]

Hello Team,

My GC is in 'Case remains pending' status(after submitting medicals RFE)  as USCIS ran out the Visas last year. My PD is May 2014 (EB2) , I don't think I will get my GC in the near future. I am thinking to change job , do i need to file AC21 or just wait for the USCIC decision on my application.

 

[vivekanandan p]

I have filled AOS (485) 6 months back and received EAD and AP.

Can I change the employer?

do I need to maintain job Status/category or similar JOB profile?

Can I take a break from job and then join back. Is there any limitation for that?

Edited March 27, 2023 by vivekanandan p

[Attorney_22]

On 3/27/2023 at 12:01 PM, upendar said:

Hello Team,

My GC is in 'Case remains pending' status(after submitting medicals RFE)  as USCIS ran out the Visas last year. My PD is May 2014 (EB2) , I don't think I will get my GC in the near future. I am thinking to change job , do i need to file AC21 or just wait for the USCIC decision on my application.

 

Unless specifically requested by USCIS filing, at this time an AC21 notification to USCIS is still voluntary. However, there may be instances when it is recommended. Prior to deciding on how to proceed you should speak with your immigration attorney, or you can call our office and speak with one of our attorneys. 

[Attorney_22]

On 3/27/2023 at 3:21 PM, vivekanandan p said:

I have filled AOS (485) 6 months back and received EAD and AP.

Can I change the employer?

do I need to maintain job Status/category or similar JOB profile?

Can I take a break from job and then join back. Is there any limitation for that?

Generally, the PERM green card process is a future offer of employment. Therefore, as long as the future offer remains valid, it is not required to work while waiting for the green card. However, there are instances where working for your sponsor will be beneficial to your immigrant process. If you decide to change employers and your immigrant job offer, the new position must be substantially similar or be considered normal job progression from the position listed on the labor certification.