AC 21 question

G

gc-despo

Registered Users (C)
Gurus,

I am a Dec 2002 I-485 filer, with approved I-140 (EB-1 OR), which was company sponsored. I work for a very big company in Bay area, no danger of losing job. With turnaround in economy I have got a good offer from a very big company in Phoenix, which I want to take because it is cheaper.

My question is: How safe is it to invoke AC 21 (in case of future RFE) for EB-1 OR case, where there is no LC. The two jobs are roughly similar while not being the same.

Thank you!
 
gc-despo,

Changing job in between the GC processing is kind of a very personal decision. There are few things you have to check before even thinking about changing job like 180 days after applying for I-485 and with an approved I-140, same or similar job, as per your posting these conditions are all meeting. My lawyer says, geographical location of your LC and where you work might affect your GC. But, many people in this forum think otherwise.

Now, comes down to the personal part of it, I am working with a consulting company and they will support my GC whether or not I work for them. I am EB2, RD-Jan,03. I thought about changing job many times, I got some good offers also, but finally I dicided to wait. My lawer advised me not to change job until and unless there is a threat to the current job.

Again, there is always risk on whatever we do, I have not seen a single posting on this forum where GC was denied because of changing job. You might get a RFE, but that may or may not because of the change in job.

GOOD LUCK
 
Changing your employer means losing a waiver for the interview. Given that if all the rules are followed correctly and you get an RFE about your employment you most likely will be transferred to a local office.
You can read about it in the I485 operating manual.
 
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