AC 21

Question: My I-485 has been pending more than 180 days and I am about to change the employment. However, due to the cumbersome rules involving interpretation of "jobs of same or similar occupations" and need to have new employer sending AC 21 letter to USCIS, I am scared that the new employer may screw up and I may suffer irreparable damage such as loss of priority date, etc. I wonder whether I can send the AC 21 evidence rather than the employer should do it. What do I have to do?
A: Your understanding is wrong. It is you who will have to collect the required documents from the new employer and submit it to the Service Center where your I-485 is pending. Your new employer is not a party to this immigration proceeding. They are not taking over the I-140 petition nor are they the petitioner in your green card proceeding. In I-485 proceeding, you are the party to the legal proceeding and you will have to prove that you met the legal requirements for AC 21 porting. Your employer is just hiring you as a new employer based on your EAD or H-1B. They are not involved in your green card proceedings. Often, there is some misunderstanding on the part of your employer, particularly your employer lawyers, as though that the new employer must represent you before the USCIS for your pending I-485 application. That is absolutely false. They are not substituting approved I-140 petition, nor are they petitioner of any I-140 petition. They happened to be a new employer and are asked by you to write a letter on your behalf attesting to the facts, terms and conditions of your employment. Nothing else. People should watch out aginst such abuse by the new employers and their lawyers.