How safe to change the company after getting EAD

[software_msjavat]

My I-140 is cleared and got EAD. (more than 6 months ago) So, according to AC21 rule Is it safe to change the company? I heard USCIS can ask for "ability to pay" from the company(which holds my GC process). At that time they can withdraw my I-140. I am very much confuse that what should I do right now? Please send your suggestions.

Thanks

[txh1b]

Withdrawal of I140 by old company should have no impact if it is past the 180 days of 485 application and you changed your employer and notified USCIS of the new GC sponsor according to AC21. Ability to pay happens before the I140 approval, not after.

Whether it is safe or not is just a matter of personal preferrence.

[software_msjavat]

Thanks for reply but when I was looking blogs then I found in worst case scenario approved I-140 could be rejected again. Are you sure that "ability to pay" happens before I140 and not after???

Thanks

[DMX17]

Thanks for reply but when I was looking blogs then I found in worst case scenario approved I-140 could be rejected again. Are you sure that "ability to pay" happens before I140 and not after???

Thanks

What Blog? That Blog is wrong. Don't go there.

An I-140 is an employer's petition and USCIS checks employer stuff (including ability to pay) before approving the I-140. If the I-140 is approved, that obviously means that USCIS determined that company is okay.

You are free to use AC21 after 180 days of filing the I-485 and approved I-140.

[txh1b]

Ability to pay happens before I140 approval.

If you use AC21, USCIS could ask for new employer's offer letter/paystubs to verify your pay and position/job details/responsibilities during I485 approval.