AC 21 when I-485 is PreAdjudicated & Salary difference


bikerOnBumpyRoad

Recommended Posts

Posted

My I-485 was pre adjudicated with PD Jan 2006 EB2-I.

Case complexity in short:

  • I-140 approved in 2012 after it was withdrawn by USCIS in error in 2007. Sponsoring companyA closed in 2009. So AC-21 with Company-B was used while responding to RFE while I-140 was back in pending in 2011 and Approved in 2012.
  • I-485 was denied in 2009 since I-140 was withdrawn. Now I-485 was pending since March 2012 after I-140 was approved.

Following are my questions:

  1. Can i switch jobs using AC-21 now? Job duties are similar close match of 80%.
  2. New job(Company C) Salary is around 140K while salary specified in LCA was 72K in 2006. AC-21 be denied with such a salary difference?
  3. My i-485 was pre-adjudicated now, Does filing AC21 will undo pre-adjudication? If yes how long will it take to pre-adjudicate my case again if USCIS considers my AC-21 without RFE.

Please suggest.

Thank you,

  • 4 weeks later...
Posted

I have a pending I-485 Application(EB2 ,Priority Date -May 2009)

I have invoked AC21 by mailing USCIS (after 200 days it was pending) and changed my employer on 11/1/2012

I again invoked AC21 on 1/15/2013 and changed to another employer

Questions

Now I have another job offer....Should i invoke AC21 again....How many times can i use it?
My Labor Application was a IT Developer but now the new offer is as a IT Developer Manager....Will it be a risk?

Archived

This topic is now archived and is closed to further replies.