Using AC21 to change employer - New Employer's concerns

[EJYM]

Hi All,

 

I have a potential job offer coming soon from an employer.  Planning to work on EAD using AC21 (485 pending more than 180 days). 

 

Potential employer allows only GCs and Citizens, never allowed EAD before. They do not want go get involved in the process i.e. have thier Legal/HR team file AC21 notification on my behalf, BUt they are willing to support with any documentaion needed (employment letter etc..) for me to file AC21 notifications on my own (or with an attorney). 

 

I am assuming this is fine (sending AC21 notification on own or with attorney).  However, they and I have some concerns, below are some points.

 

1.  Since I am changing employers, at this point does this mean that they are technically sponsoring my GC  and are responsible for all questions/RFEs related to "Position" in future in case there are questions on my labor and I140 even though they are approved ?

 

2.  All they (and I) would like to know is.. IS this OK for me to change employers without have any impact on my potential GC... while their stand is - "We can only provide, employment or offer letters and nothing else" ?

 

 

I am planning to seek legal counsel when I get the job offer, but wanted to reach out to the user community to find out If I need to be aware of anything right off the bat -  that could have an impact on my GC appliation considering future employer's stance on the level of thier involvement/commitment as far as my GC is concerned.

 

 

 

 

 

 

[Belle]

First, you need a consultation with a lawyer on what role the employer has after using AC21. It's not what you think. Also, if they give you a job offer and then refuse to hire you because you only have EAD, it's against the law, and you can sue them.

 

1. They will never be responsible for answering any RFEs. They will be your sponsor, but will have nothing to do.

2. Again, get a consultation with a lawyer. AC21 does not require anything from the the new employer other than a job offer, which I would assume you are getting anyway.

 

In short, stop digging your own hole.