Switching jobs with AC21? (green card pending 6+ months)
May 12, 2021
13 Comments
Would it be “normal” to look for interviews in other companies and telling recruiters I would need an AC21 (green card “portability”) (+ approval) in order to work in their new company?
My status:
- AOS (i485) pending for 6+ months
- AP (advance parole) pending for 6+ months
- EAP (employment authorization) pending for 6+ months.
Note: I’m not from India/China, in case that matters in terms of green-card timelines
comments
In addition, moving without the above would be too much of a risk to your I-485 since it it could compromise that it was considered approvable. This could result in going back to square one (being denied and starting GC process from scratch).
Even if you did, most recruiters don’t know anything about AC21 or switching employers on EAD with a pending I-485. So it’s an uphill battle.
Which GC category are you in?
EAD is “stuck” (pending) for 6+ months, so yes, I cannot work for a new company. So I was thinking about (1) waiting for EAD and then apply, or (2) apply while being clear that I would need to have my EAD/AOS approved before I start working with them.
On the risk factor, I do think it’s “relatively safe” IF you meet certain criteria (e.g similar job, same location, 6months pending AOS, etc).
Good point about the recruiters… if I were desperate enough to try this AC21 thing, it might end up being more like “apply, get an offer, then bring it up with their lawyers to see if it’s feasible or not to accept the offer”
Finally, I’m EB-3 if I recall correctly