With news of US economy going into probable recession there is at least one or two major layoff announcements appearing in the news mainly from financial sector companies. This post may be useful who have their EAD’s and are looking for a job change.
After 180 days have passed from your I485 pending date, your current employer usually does not have control over I-140 . This is where AC21 comes into play where you use a job offer in a SIMILAR position to change your green card sponsor. To work for that sponsor before your green card is approved, you would need work authorization – generally H1 or EAD.
To join new employer with AC 21 rule you need copy of the I-485 receipt and a new job offer. Having a I-140 receipt/approval copy is helpful.
Now the problem comes if your original sponsor withdraws I-140 after 180 days
If I-485 has been pending for 180 days and I-140 is approved then AC21 portability rule can be used to change employers. All immigration experts say the risk is much smaller unless in cases where I-140 is not approved.
The risk to the employee/applicant arises if the employer revokes the approved I-140. As per the rule, USCIS is supposed to continue to process the case, if USCIS have been informed by the applicant about the use of AC21 in case of employer change. Very rarely it can happen that USCIS staff who lacks the knowledge will deny such cases.
What to do in the event such denial happens?
-> Grab an attorney and through them you can file a motion to reopen the denied case.
-> If at all you can do keep your H1-B status that way you will be in status/work authorization in case a problem comes up.
Many have used AC21 without the above said problems. It is noted in many immigration forums that AC21 cases at large are smoothly going.
The wrongful denials after I-140 revocation continue to be a problem—but not a wide-spread problem. The procedure to be followed is clear, but the USCIS does not always follow it. Employers don’t have valid reason to revoke I-140s anymore, since there are no labor substitutions.