What are implications of using AC21 ?

[engineer]

I have approved i140, AP and EAD card. My i485 application is pending for more than 700 days..I am still using H1b visa (7th year extension) and not using EAD card and have not used AP yet.

If I move to a new company (than who filed my i140 application), what are implications and what steps I need to take to ensure there are no issues withmy green card application ?

Can I use AC21 provided new job is similar* ?
What if original company revokes i140 ? does it impact my green card ?
After using AC21, will I be working on EAD or can continue to use H1b (on 7th year extension) ?
After moving to new job at new company, do I have to inform USCIS ?

*Similar : What is definitoin of similar job ?

I will appreciate your response.

[golgappa]

Can I use AC21 provided new job is similar* ?

You ar not required to file AC21, you can join another company make sure it is same or similar..what similar means as far as I know is it should be in the same job category as ONET codes..you can search for it on internet...

What if original company revokes i140 ? does it impact my green card ?

If they revike 140 you might get a RFE , stating to prove you have a employer who will hire you once your GC is approved in same or similar job category or NOID in that case you have to file MTR (Motion to Reopen)

After using AC21, will I be working on EAD or can continue to use H1b (on 7th year extension) ?

You can use H1B or EAD, for you it is better on EAD as you are on 7 yr H1B your extention is based in your 485 ..if you get H1B and god forbid something goes wrong with 485 then your H1B will also get revoked, so I guess no need to go for the hassels of H1B, as you have to spend money time and then stamping and stuff

After moving to new job at new company, do I have to inform USCIS ?

No you dont have to inform, it is not required as per USCIS, but some Lawyers suggest it, some do not. If you ask me I will not.
I guess your case is preadjudicated as of now, why unnecessarily you want them to open your file again..

I will suggest you also talk to some good lawyer, my views are based on my internet study only.
You can ask in 10$ on lawbench.com I have used it once they are good. I am no way related to them just trying to help, hope it helps also you can go to ac21portability.com they have a nice flowchart..

[jungalee43]

AC21 should be avoided as far as possible based on my own experience. As I am going through very hard time right now due to denial, I would say NO.
Make sure that you new employer files for extrension of your H1B before you join them, in premium processing. Get the H1B approval in hand and ONLY THEN jump the ship.
Else stay 100 ft away from AC21.

[vikki76]

jungalee43, very sad to hear about your AC21 experience. How come AC21 triggered denial? Usually,everyone's recommendation is that file that AC21 Memo after changing job in similar profile.

[jungalee43]

First employers withdrawl was used as "reason" for denial. Even though we had replied to two RFEs on the same two years ago. Still the officer refused to consider or even look at our replies during the interview and completely ignored the evidence in denial.
I would rather stop here.

[mchatrvd]

I think jungalee43's case is very unfortunate to be in situation but that is not the case generally. I have been on Ac21 for last one year and know lot of people who are on and also who got their green cards. I think AC21 is the way to go. There are some chances fo a risk but it might be worth taking. Again this is my view by comparing the money and position i got after AC21 in new company. It gives you chance to advance your career and make better living.