Switching jobs with AC21? (green card pending 6+ months)

Amazon
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Go to company page Amazon

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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

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TOP 13 Comments
  • Cummins
    SamHarris

    Go to company page Cummins

    SamHarris
    If you belong to ROW, then it shouldn't be an issue
    May 12, 2021 3
  • Google
    stonkey

    Go to company page Google

    stonkey
    Google had no issue with that
    May 12, 2021 5
  • Do you have an approved I-140 in hand? Do you have an EAD in hand? If no to either, AC21 doesn’t give you the right to work and would need an underlying visa to move.

    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?
    May 12, 2021 1
    • Amazon
      0xA

      Go to company page Amazon

      0xA
      OP
      I-140 is approved.

      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
      May 12, 2021
  • Just switch jobs on H1B then…
    May 26, 2021 0