AC21 - What are the risks?

[sakapoor]

485 pending for more then 180 days.

Assume current employer does not revoke anything. Current lawyer is willing to work with me and will notify me any queries and will also answer uscis in case of any RFE.

1. What are the potential risks of changing employer?

2. What do I need from new employer? My understand is that I only need an employment letter and I can file for AC 21 myself or hire an attorney myself.

3. Will new employer be any way involved in the immigration process?

4. Do I even need to tell new employer my current status as long as I have valid EAD?

[Belle]

1. There are always some risks. You can get hit by a semi on your way to work. It's a risk...

2. Letter.

3. Not really.

4. No. You need to update employer every time you receive a new EAD (well, technically, they should ask you for an update), so they know you are authorized to work, but outside of that, it's not their business what's going on with your status.

[sakapoor]

>You can get hit by a semi on your way to work. It's a risk..

I like your answer.

What about risks that may affect GC processing?

Am i just waiting for visa number? And I will get GC once it is available?

Why do some people file I-140 again after moving to new employer?

[Attorney_25]

Why do some people file I-140 again after moving to new employer?

Generally, either because they have not yet filed their I-485 or they have an opportunity to speed approval of the GC. (Woudl generally also involve filing a new labor certification.)

[Belle]

People file a new I-140 when they are either ineligible for AC21 (have not filed I-485 or the new job is not the same profession) or because they want to upgrade. Some refile because their old one is in a shaky state, but that usually happens once the USCIS reopens the case and starts digging.

There are many things that may derail (or blow up completely) your GC processing, most of them unlikely. You may be accused of planning to practice polygamy, for example. Or it may turn out you marked 'US citizen' box on some paper - or somebody did it for you. Most jar dropping case I have heard about i twas when a cop after a DUI stop maked the offender to have been born in Indiana while the guy said India. You may have admitted to using illicit drugs (pot counts). Or some other stuff. Too much to list.

[sakapoor]

Thanks to both of you. Keep up the good work.

[rock]

I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. (pd 2007)

I am thinking of changing my employer to (Company B) using AC21 but still thinking whether to use EAD or H1B.

1) From risk point of view, I heard from many people that beyond 6 years of H1B it doesn't really matter if we use EAD or H1B for AC21 because if I 485 for some reason gets rejected then EAD or H1B both are invalidated and we fall out of status and can't work on any.

2) Basis of H1B extension beyond 6 years is approved I-140 and/or pending I-485 (AOS) and if I-485 gets denied then H1B automatically is invalidated.

Please correct me if I am wrong?

[rock]

If a person had previously approved I-140 from company A and files another I-140 thru company B say upgrade from EB3 to EB2 then does USCIS compare both I-140s forms for same applicant from different companies? Are those I-140 independent of each other?

[Attorney_25]

If a person had previously approved I-140 from company A and files another I-140 thru company B say upgrade from EB3 to EB2 then does USCIS compare both I-140s forms for same applicant from different companies? Are those I-140 independent of each other?

They (including the attached 9089s) could be compared for consistency regarding prior education and employment history, for example.

[Belle]

H1 is valid for the period you have received it. You need another case to entend it under AC21, but it does not get "invalidated". Also, your analysis presumes that you do nothing if I-485 is denied. In reality 95% of people appeal the denial.