Number of times AC21 Allowed

[vikki76]

Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.

He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

[eb3retro]

Originally Posted by vikki76

Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.

He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...

[ampudhukode]

A friend of mine had used it twice before his approval came last June.

[pd_recapturing]

Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.

[arc]

Originally Posted by internet

AC 21 allows you to change jobs 21 times.

come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?

[ita]

Do u have to inform USCIS everytime u change job or just first time would be sufficient?

Thank you.

[chanduv23]

Originally Posted by ita

Do u have to inform USCIS everytime u change job or just first time would be sufficient?

Thank you.

What my Attorney (Prashanti Reddy - who does free sessions on IV) said

Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.

[vikki76]

Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze

[Aah_GC]

Originally Posted by chanduv23

What my Attorney (Prashanti Reddy - who does free sessions on IV) said

This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.

On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.

[LostInGCProcess]

Originally Posted by vikki76

Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.

He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

Just my 1 cent

*Disclaimer*
I am not an attorney. Please take advice from an attorney.

[sivaramakrishna]

Originally Posted by LostInGCProcess

When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do.

When you change your address online(using AR-11 form) , you don't have to send any docs to USCIS.

[arc]

Originally Posted by LostInGCProcess

Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

Just my 1 cent

*Disclaimer*
I am not an attorney. Please take advice from an attorney.

You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?

[LostInGCProcess]

The thing is AC21 applies to you as long as your I-485 is pending - the exact wording.
The law allows you to change the job, but the job must be same or similar. Also, the law states, that the burden of proof lies on you, USCIS doesn't have to prove anything. So, if in the future (at time of citizenship or upon investigation) should they allege that you broke the law - you have to prove that you didn't.

In this case EVL, W2s, and paychecks is enough to prove.

[intheyan]

After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.

Thanks for your replys in advance

[zoooom]

How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?