AC21 from new employer

[krish22]

Hi, I have worked for Employer A from 2010 to 2020 and my GC was filed in 2013 form Employer A, I have moved to Employer B in 2020. due to the dates movement in EB2 category in 2022, Employer A filed my I-485 and it’s currently in pending state due to dates retrograde. Can I request Employer B to file I-485j transfer or there is any issues with that?

Employer B’s immigration team saying it would throw red flags as I am working with them while my old employer A filed the I-485, is it true?

[Attorney_22]

18 hours ago, krish22 said:

Hi, I have worked for Employer A from 2010 to 2020 and my GC was filed in 2013 form Employer A, I have moved to Employer B in 2020. due to the dates movement in EB2 category in 2022, Employer A filed my I-485 and it’s currently in pending state due to dates retrograde. Can I request Employer B to file I-485j transfer or there is any issues with that?

Employer B’s immigration team saying it would throw red flags as I am working with them while my old employer A filed the I-485, is it true?

When you filed your AOS in 2022 you and employer A signed the supplement J stating the job opportunity was available and that you intended to work for them when the green card is approved. Utilizing AC21 to now port to employer B when you have not worked for employer A since 2020 can indeed potentially raise suspicions that you never intended to work for company A when filing the AOS. 

[krish22]

Thanks for your answer, can I work for any other employer for example Employer C by filing I-485j transfer? Or I need to work for Employer A before going to any other employer?

[krish22]

On 9/14/2023 at 9:36 AM, Attorney_22 said:

When you filed your AOS in 2022 you and employer A signed the supplement J stating the job opportunity was available and that you intended to work for them when the green card is approved. Utilizing AC21 to now port to employer B when you have not worked for employer A since 2020 can indeed potentially raise suspicions that you never intended to work for company A when filing the AOS. 

Thanks for your answer, can I work for any other employer for example Employer C by filing I-485j transfer? Or I need to work for Employer A before going to any other employer?

[Attorney_15]

Generally, if someone filed their I-485 with the I-485J from the I-140 sponsoring employer one can file an I-485J with the new AC21 employer and just start work with the new AC21 employer. The law does not require one to work for the GC sponsor before one begins work for the AC21 employer.