AC21 Question

[vmehrotra]

Hi All,

I need to know whether I am eligible to file AC21.

My wife got I-140 approved in Feb2007 in EB3. We filed I-485 for both in EB3 in July 2007. In August 2007, I received my I-140 approved in EB2 category.

In Feb2008, I changed my job. I stayed with my employer for more than 180 days after filing I-485. Can I use my I-140 and become eligible for AC21?

[Belle]

You are eligible for AC21 if 1) your I-485 petition has been pending for over 180 days and remains unadjudicated and 2) your new job is in a similar profession.

[SameerH1Bworker]

No, you can not file AC21 based on your I-140. Though you can file AC21 based on your pending I-485 application(you filed with your wifes EB3 process).

AC21 can only be apply if you've I-485 pending atleast for 6 months. That I-485 should have matching prior I-140 approval or pending application.

[vmehrotra]

Thanks for your reply. It means that I can file AC21 as my I-485 was pending for more than 6 months before changing employer.

I received RFE in July 2009. USCIS asked letter of permanent employment. I replied that I-485 is filed as dependent and therefore letter of permanent employment is not required.

Below is summary:

Wife's EB3: PD Oct 2006

I-485 filed in July 2007 for me and my wife's in EB3

My EB2: PD Feb 2007. I-140 approved in August 2007

I left employer A in Feb 2008

Worked for Employer B from Feb 2008 to June 2009

Received RFE in June 2009 (Replied that I am dependent so no employment letter required)

Working for employer C from Aug 2009 to till date.

Please let me know the following:

1. How to file AC21 in my case?

2. How to change my I-485 to EB2 and again repond to RFE with current employment letter?

[vmehrotra]

Belle or anybody else, please reply.

[Belle]

"It means that I can file AC21 as my I-485 was pending for more than 6 months before changing employer"

Changing employer has nothing to do with the process itself. The petition needs to be pending for 180 days before you submit AC21 notification. When you change your employer is your own business.

"Received RFE in June 2009 (Replied that I am dependent so no employment letter required)"

Care to provide details of the RFE?