AC21 - I-485 filed with Former Employer

[jkr1]

Hello All,

This question has been asked a lot, I just wanted to check with issues or concerns that might have happened in the recent past.

I worked for Company A for 5 Years during which PERM and I-140 were approved in EB2, Left company A to join Company B after which the priority date became current and Company A was willing to file I-485 provided I work for them on approval which is fine and I am willing to do that.

I got my EAD and AP but have not used it as I am on H1B with Company B.

Now Its been more than a year since the I-485 has been filed and pending, Can I join Company C on EAD and file AC21 ?

Appreciate every one's time and help.

[pontevecchio]

You can join any company with your EAD. You can file a AC21 notification if your Lawyer wants you to. Please get a Lawyer and keep him onboard till you have the GC.

[ven7782]

Yes you can. Since 180 days have passed after filing I-485, Company A cannot do much except to revoke your I-140. But that won't matter because of the 180 days rule.

[pontevecchio]

Again I say you need to have a lawyer on retainer till you get the GC.

[jkr1]

You can join any company with your EAD. You can file a AC21 notification if your Lawyer wants you to. Please get a Lawyer and keep him onboard till you have the GC.

Thanks Pontevecchio, I wil definitely have the lawyer represent my case.

My only doubt was i was not working for Employer A at the time of I-485 filing, but worked for him for 5 years earlier.

[jkr1]

Yes you can. Since 180 days have passed after filing I-485, Company A cannot do much except to revoke your I-140. But that won't matter because of the 180 days rule.

Thank you its over a year.