AC21 AFTER GC is approved?

[aqan]

Guys, I know this is a crazy question.... So here's the story behind this crazy thought

I worked for company A and filed for GC, somewhere down the line joined company B and company A promised to keep the process going in future employment-revenues hopes.

Company B wanted to transfer GC to them so that everything is clean (They are very scared of any immigration issues)

I submitted all the paperwork 6 months ago.

I got the magic email from CRIS last week and told my manager about the approval, at that point I learned that HR is yet to file for AC21.
Now the problem is that when I tell HR about my approval they will have to let me go (cause I should be working for company A, as promised when I filed I485)
Don't know why but this is the advice they got from immigration attorneys.

Now the BIG question: what if they file for AC21 after approval, is that valid? How is USCIS going to respond (if they respond at all). I can keep quiet for few days and break the news after they file for AC21?

I'd be really thankful if you can post your expert opinions?

[TheRealCanadian]

Originally Posted by aqan

Company B wanted to transfer GC to them so that everything is clean (They are very scared of any immigration issues)

There is no legal way to "transfer" a GC, and Company B is not a party to your I-485, therefore there is nothing for them to file. I suppose you could have sent AC21 documentation to USCIS, but there is no obligation for you to do so.

[aqan]

TheRealCanadian - Thanks for your quick reply.

I understand that but some attorneys always try to make things complicated.. for obvious reasons. I think you folks here are more knowledgeable then them.
From what I've learned by going thru the forums here is that the company is not under any obligation if an employee gets GC thru future employment and decides not to join the future employer. But the attorneys are now going to create a problem.... have deal with that cr@p now.

Can not understand why the employer is stressing on filing AC21.. stupid attorneys.

So AC21 is for me to file, what happens if I never filed it? Does that pose any issues when filing for Citizenship?

In these times it will be pretty hard to find a job if I decide to join the old employer.

[ginnu]

Originally Posted by aqan

TheRealCanadian - Thanks for your quick reply.

I understand that but some attorneys always try to make things complicated.. for obvious reasons. I think you folks here are more knowledgeable then them.
From what I've learned by going thru the forums here is that the company is not under any obligation if an employee gets GC thru future employment and decides not to join the future employer. But the attorneys are now going to create a problem.... have deal with that cr@p now.

Can not understand why the employer is stressing on filing AC21.. stupid attorneys.
---------------------They have bad lawyer
So AC21 is for me to file, what happens if I never filed it? Does that pose any issues when filing for Citizenship?
----------read below

In these times it will be pretty hard to find a job if I decide to join the old employer.

1 company A filed LC, I-140 and you filed I-485 that got approved.
2 working with B when I-485 approved and you did not invoke AC21 BEFORE I-485 got approved.
3 now the company B says that you should join employer A. (company B has very bad lawyer) Or Company B does not have job for you.

***Filing AC21 is “expected “ by USCIS MEMO and it is NOT must.


It seems company B does not have job for you or getting wrong info from Lawyer. You have GC and company B will not have any problems.

You may have problems at the time of citizenship if they find that you never worked with A after getting GC. You can request employer A that you want to join them and you got GC and send Fax or email and keep the record. If A says that they don’t have job for you at this time then no problems for you just keep the letter/fax or email from A till your Citizenship Interview. OR apply Citizenship AFTER 5 years and 2 or 3 months from the date of GC approval. Citizenship application only asks the employment history of 5 years.