Confused for AC 21 and Intent to Hire for Future GC Job

atishrdas

New Member
Can someone please help me....

I read the PDF: Part 1, Question 1-14, Question 14 is where I am confused regarding my case

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Here is my question..I working on H1-B company A..Company B has my LC/I-140 approved. I have very good relationship with them. The reason I did it this way because at that time Company A had less people and had small accounting firm, and my lawyer said it would be easier to go this route. Please note Company B has 50% stake in Company A. Now I have EAD. Planning to leave Company A and work in firm using my EAD card and forfeit my H1-B status, which will soon be expired. I read many places that I am required to work for my petition because when I applied my I-485 there was an offer letter stating "I intent to work after GC is approved for 75K"..Now it a promise and things may change from the employer's perpective and employee. Please remember by the time my GC is approved it may take 4 years because I am Indian. I don't think nobody will want me to work after 4 years and come back and work for 180 days as recommended. I even called USCIS and IO, all she said once your I-140 is approved and you can use AC21 by yourself and then have a job that is same or similar in occupation using your EAD card. The job title or duties or salary does not matter..You can have promotion from Analyst to Senior Analyst and make double salary, but make sure occupation is same or similar.

I asked her about the future job, she said it is a promise you don't have oblige to work for the petitioner as long as you have a job and have same or similar that is what they are looking for..The 180 day rule is not applicable if you get the GC order you can leave and work anywhere...It is intent at the time you applied does not mean you have to work there, but you have to have a full-time job same and similar occupation that is key..

Could you give some feed-back
 
I read many places that I am required to work for my petition because when I applied my I-485 there was an offer letter stating "I intent to work after GC is approved for 75K"..Now it a promise and things may change from the employer's perpective and employee.

The whole point of is AC21 is that it releases you from the obligation if the I-485 is pending for 180 days or more. What's your question?
 
With AC21, Congress acknowledged that intentions can legitimately change in 180 days. After 180 days, they can't hold the job change against you ... they would need to have other evidence that you misrepresented your intent at the time of filing the I-485, such as a taped phone conversation the day before you filed it with you saying you planned to leave the company on day 181.

Note that if you left company A to work for company B, that wouldn't be an AC21 job change, it would simply be fulfilling the I-140/I-485 by working for the original green card sponsor.
 
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I am in similar situation.

I worked for company A on H1b 2004-2007 and during that time got approved I-140 (AD 9/2006) from company A.

Now I work for company B since 3/2007 on H1b visa. Same field same duties.

Applied for I-485 in july 2007 based on Company A's I-140 -- future employment -- got a letter of intent / contract from company A at that time.

Now it is more that 180 days since my I-485 is pending and I -140 is approved. I am 100% sure that I-140 is not revoked and I have very good relationship with company A.

I have NO intention to go back to company A now. How should I proceed?

Will there be any problems using AC-21 rule (as I was not working with company A when I filed for 485)?

Should I be proactive and send USCIS regarding my intent to use AC-21 or should I wait for RFE?
 
I am in similar situation.

I worked for company A on H1b 2004-2007 and during that time got approved I-140 (AD 9/2006) from company A.

Now I work for company B since 3/2007 on H1b visa. Same field same duties.

Applied for I-485 in july 2007 based on Company A's I-140 -- future employment -- got a letter of intent / contract from company A at that time.

Now it is more that 180 days since my I-485 is pending and I -140 is approved. I am 100% sure that I-140 is not revoked and I have very good relationship with company A.

I have NO intention to go back to company A now. How should I proceed?

Will there be any problems using AC-21 rule (as I was not working with company A when I filed for 485)?

Should I be proactive and send USCIS regarding my intent to use AC-21 or should I wait for RFE?

You are fine. See my answer for similar situation.
http://www.immigrationportal.com/showthread.php?t=271501&page=2
 
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