Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Can I Use AC-21 Rule to Change Employer before From I-140 Approval?

Hi William:

I filed Form I-140 and Form I-485 concurrently in the EB2 category based on PERM Labor Certification approval. Since the Form I-485 application has been pending for more than 180 days, can I use AC-21 rule to change employer at this time before the Form I-140 approval?


The change of employer when the Form I-140 petition has not yet been approved by USCIS is risky. One of the key problems is the possibility of a Request For Evidence (RFE) on the Form I-140 petition which may be issued by USCIS. 

When the Form I-140 is reviewed, the USCIS can issue an Request For Evidence (RFE). Since the Form I-140 is filed by the employer, under current practices, the RFE is sent to the employer. Thus, even if the RFE addresses matters that involve the alien beneficiary, such as education and experience, it will be sent to the employer. If the employer does not respond, or responds stating the alien beneficiary is no longer employed by the petitioner, the Form I-140 petition will likely be denied. 

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com