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AC21 Pros And Cons

Posted 08-27-2009 at 03:42 PM by mv_v25
I am evaluating the pros and cons to use AC21.

I am under AOS immigration status. I filed I485 in July 2007, my I-140 was approved in January 2008 and I got last renewal of EAD at the end of last year (that expires on Oct 2010), all while I was working for my same old employer.

I just changed employer but did not advise about it to USCIS yet. I could see in different threats that it is recommendable to inform this kind of changes to USCIS but not mandatory.

Even though my new employer can support that duties, wage and job title are similar than my LC (and even the new location is not far away, same state, different city though) , there is always a chance that the person who review my case at USCIS do not agree. Besides I afraid that inform about this change could delay the entire process to get my GC.

On the other hand I could get a RFE anytime and I have read also that use AC21, when you get a RFE, has less chance of success. Besides, I might need to renew my EAD again before I get my GC and I think that I will have to advise about my new employer on form I765 anyway.

In short, do you think is too risky to wait to advise USCIS about a change in employer just if I get a RFE.

I should add that my PD is July 2006 and I have EB3.
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