Adjustment of Status (I-485) application denied for not filing AC21 notification?
AC21 106(c) allows an approved or pending I-140 immigrant petition filed on behalf of a foreign national to remain valid if the foreign national changes jobs or employers and the new job is in the same or similar occupational classification. If you switch employers after filing your Adjustment of Status (AOS) application, it is best to file an AC21 notification to inform USCIS that you have changed jobs and that the AC21 requirements have been met. USCIS does not know that you have changed jobs unless notified. Filing an AC21 notification with USCIS helps avoid problems in the future.
USCIS adjudicators have no knowledge of an individual using AC21 I-140 portability, especially in cases where the I-140 is withdrawn after the individual moves to a different company, or in cases where there is something wrong with the I-140 and USCIS wants to revoke the I-140. These scenarios can affect the underlying I-485 AOS application. In these instances, the adjudicator may issue a Notice of Intent to Deny (NOID) the pending I-485. There have been other cases where, upon learning that the applicant no longer works for the petitioning employer, USCIS has denied AOS without issuing an NOID.
Although it is not difficult to reopen such a case with further explanation, it can be a real hassle and waste of time. Other AOS cases have been denied where the adjudicator issued an RFE and the applicant’s current employer refused to issue a letter in support of the applicant’s AC21 I-140 portability eligibility. Without the letter of support from the current employer, the applicant’s AOS application was denied. It is better that applicants avoid these circumstances and file the AC21 notification before USCIS discovers that the applicant is not working for the petitioning employer.
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.