Is it really necessary to file AC21 ?

[aos05]

Hello all,

 

Here is my case and questions. Your opinion/views/ideas please !!!!

 

Initially I filled I-140 in EB3 category in 2005 through company A and got approved. I filled I-485 in Jun 2007 with same employer.

Applied for EAD, AP in 2007 with I-485. I resigned from company in 2011 after 8 years and joined company B. After 1 year my employer B applied I-140 in EB2 and it got approved in 2012. My new I-140 EB2 captured old I-140 EB3 priority date. All these years I maintained H1B and EAD both. I called USCIS service center few months back and verified that my  pending I-485 is linked with new I-140 priority date.  

 

 

I have two questions

 

1.  I-485 application (AOS) is pending from 2005 from EMPLOYER A. Then through  EMPLOYER B started new labor and applied I-140 in EB2. In this situation my priority date is current now , do I need to file AC21 for my pending AOS ? or is it not required ?

 

2. If you think AC21 is not necessary will that be a problem or have issues on Citizenship process since I didn't work for EMPLOYER A after my GC approval, I mean for EMPLOYER A through whom my I-485 was filled originally.

 

Attorney / Belle / Pontevecchio / members ,

 

Appreciate your valuable inputs !!

 

Thanks

[Belle]

1. Since you have a new I-140, you don't need AC21.

2. No. Your new sponsor is B. You should be getting the green card based on their I-140, and thus should be working for them.

[aos05]

Belle

 

Thank you very much. Appreciate your update.