> if they have an I-485 application pending for six months and an approved I-140
That is related to a green card. And yes, employers typically try to file your I-140 under EB-3. This means that you need to wait 10+ years before your priority date becomes current. Once the PD is current, you can file your I-485. After another 6 months elapse, ONLY THEN can you invoke AC21. In effect, the employee is tied to the employer for 10+ years since companies only file for your green card after you spend ~6 years on H1B. The decision of EB-3 vs EB-2 (about 5 years shorter) lies with the employer. These two categories of green card cannot be self petitioned, only an employer can do it.
EDIT: So to summarize, the employee usually is first locked in during the 6 years on H1B, with the hope that the employer will apply for a green card (i.e. file the I-140).
Then, the employee is locked in for another 10 years, waiting for the PD to become current. And then, after 6 more months, the employee is finally free to change employers.
I don't understand how this isn't indentured servitude.
My understanding was that while you wait your priority date to become current, you are not locked to your current employer. I think this was one of things that AC21 fixed. There is a 180-day period following your I-140 approval during which you are locked to the employer that filed your I-140, but after that you are free to switch to another employer, as long as your new position will be substantially similar to the one for which the I-140 was filed. Changing employers after 180 days have elapsed should not affect the underlying approved I-140.
I've tried sift through the legalese of AC21 and discern as much as I can, and this is my understanding. I might be wrong. Here's the full text of the Act: https://www.govtrack.us/congress/bills/106/s2045/text It's fairly short. I just wish they hyperlinked the references to other laws and acts.
> Changing employers after 180 days have elapsed should not affect the underlying approved I-140.
Employers can actually withdraw the I-140 if you switch jobs BEFORE filing I-485 and letting 6 months elapse - and then you have to start all over again.
That is related to a green card. And yes, employers typically try to file your I-140 under EB-3. This means that you need to wait 10+ years before your priority date becomes current. Once the PD is current, you can file your I-485. After another 6 months elapse, ONLY THEN can you invoke AC21. In effect, the employee is tied to the employer for 10+ years since companies only file for your green card after you spend ~6 years on H1B. The decision of EB-3 vs EB-2 (about 5 years shorter) lies with the employer. These two categories of green card cannot be self petitioned, only an employer can do it.
EDIT: So to summarize, the employee usually is first locked in during the 6 years on H1B, with the hope that the employer will apply for a green card (i.e. file the I-140).
Then, the employee is locked in for another 10 years, waiting for the PD to become current. And then, after 6 more months, the employee is finally free to change employers.
I don't understand how this isn't indentured servitude.