A Couple of AC21 Questions

E

electrospray

Registered Users (C)
Hi Gurus,

I'd appreciate it if you could give me some directions on how to proceed with my case.

I-140 (EB12 - outstanding researcher) AD 04/2001
I-485:
RD 05/2002
ND 06/2002
3 EAD's and 2 FP's already
RFE 04/2004 for EVL (replied and received by CIS 05/2004)

Have been with the same employer. However, right now I have a great offer on hand and I'm leaning toward taking the plunge. My questions are:

1) My EAD is going to expire in 03/19/2005 and my current company's lawyer already asked me to renew it. Do I renew it now, or renew it until I join my new employer in early 12/2004? The reason I ask this is I'm afraid that my 485 approval will be triggered by the new EAD application - and I hate to join another company right after 485 approval for fear of problems down the road.

2) I have been told by the immigration department of my new employer that my case is pretty straightforward, and I have no doubt that the case will be approved eventually. However I'm just wondering what will happen if CIS somehow issues a NOID or something, will I be able to continue working after responding to it?

Sorry about the long post and your comments will be much appreciated.
 
electrospray said:
I-140 (EB12 - outstanding researcher) AD 04/2001
I-485:
RD 05/2002
ND 06/2002
3 EAD's and 2 FP's already
RFE 04/2004 for EVL (replied and received by CIS 05/2004)

Have been with the same employer. However, right now I have a great offer on hand and I'm leaning toward taking the plunge. My questions are:

1) My EAD is going to expire in 03/19/2005 and my current company's lawyer already asked me to renew it. Do I renew it now, or renew it until I join my new employer in early 12/2004? The reason I ask this is I'm afraid that my 485 approval will be triggered by the new EAD application - and I hate to join another company right after 485 approval for fear of problems down the road.

>> renew the EAD now as it creates no harm for u.

2) I have been told by the immigration department of my new employer that my case is pretty straightforward, and I have no doubt that the case will be approved eventually. However I'm just wondering what will happen if CIS somehow issues a NOID or something, will I be able to continue working after responding to it?

>> NOID can be issues for any reason. It can happen anytime,
but they will give you 30 days to respond. changing jobs wont trigger
NOID. In ur case you are absolutely safe to use AC-21 as ur 485 RD is
more than 2 yrs old. Just make sure that your new job is same/similar
to the one mentioned on LC.
Click to expand...

BTW I've seen few 2002 approvals from VSC very recently so I wish u good luck for ur approval.
 
What if 485 is approved before I start working new company?

Thanks for your reply. My concern is actually getting approved too fast - that is, before I join the new employer. I have read that there could be potential issues down the road when I apply for citizenship, so most people suggest that we stay with the employer for at least 6 months before moving on. Any comments in that particular scenario? Thanks again!
 
electrospray said:
Thanks for your reply. My concern is actually getting approved too fast - that is, before I join the new employer. I have read that there could be potential issues down the road when I apply for citizenship, so most people suggest that we stay with the employer for at least 6 months before moving on. Any comments in that particular scenario? Thanks again!
Click to expand...
There are many threads on this topic under 485. U got to search for them and it
may answer some of your questions.

Many people have different opinions on this topic. My personal opinion is if
u can change employers using AC-21 before 485 is approved then you can
certainly do it after 485 is approved and USCIS should not question you.
I've not heard anybody who changed jobs after 485 is approved has been questioned by USCIS.
 
My two cents

I was in the same dilemma few months ago. I waited for more than 2 years on false hopes of various dates given by USCIS, leaving excellent opportunities along the way. Finally I got fed up two months ago and took the plunge. I consulted the attorney of the new company and maintained a record of when I attended the interview, when was I selected and when I accepted the offer, in case of future queries. Now, I am glad I took the plunge, b'coz my I-485 is still not approved. Again, this is my experience and my decision. You have to take your decision. But if you maintain proper datewise records, you should be able to convince USCIS at time of citizenship that you intended to change job before approval, if by chance it happens that you get the approval at the instance of change.

I - 485 ND 02/02
3 EADs/2 APs
AD ????
 
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