ac21 - 180 days

S

sav4

New Member
My I-485 , RD 07/03/2002, EAD, AP and FP done in Aug 2002. Unfortunately since the filing of 485 my ER had no work for me and hence no pay. Filed from CT at VSC. Now I have an offer in NJ in the same filed as my LC, as it is over 180 days can I accept this offer and file for AC21. As per my current attorney he is reluctant to file AC21 and even mentioned that the application may have to be withdrawn as I did not work since 485 was filed, though I have been waiting for the past 6 months for the sponsoring employer to provide me work and my employer is almost closing down now. I am confused as to my course of action and any thoughts would be appreciated.
Thanks
 
Looks like your attorney was provided by your employer. But if they are closing down, I don't u/stand how the attorney gains by what s/he is saying.

S/He is not correct - unless there are other complications..

Consult another lawyer - many provide initial consultation free.
 
Hi Sav4,

Here is my attorney's remark when i enquired about joining any other company with my EAD other than the GreenCard sponsoring company, as my employer was permitting to do so. "You need not maintain full time employment with GC sponsor while I-485 is pending but you MUST when I-485 is approved. "

I know many folks joins other firms after GC is approved. But, I am quite surprised with this remark. One way this is true, as GC is for a future employment. If anybody has any thoughts it is appreciated.
 
You can join

I used AC21 and did inform to INS about change of employment. I moved from West coast to east coast and changed lawyer. My case was filed in VSC. Case was approved without any RFE or interview. I didn't see any reason to worry as long as your new job satisfies the underlying labor conditions.
All the best.
 
180member Ques for you

Was your case transffered to VSC since you moved from west to east? Or was your case filed at VSC in the first place itself. My case has been filed at VSC for 485 adjustment. It has been more than 180 days. I am considering an employment offer but my potential new employer is headquatered on the west coast although I shall not be relocating ( I will be travelling and telecommuting for most of my work). Does that mean my case my case would have to be transferred to CSC??
Any ideas anyone??
 
bvkhurana, In my opinion, if you plan to file for AC21, you should be able to file it in VSC. Infact, AC 21 is just a letter from the employer stating your current job, designation and salary. Am I right? Do you need any document pertaining to the location of the employer? Or, what documents are required to file for AC21?
 
Hi sav4, looks like your attoney is paid by your ER. if u are going to take the same position mentioned in your LC with anew employer, there is no problem. Ask your new employer, if he has attorney under him , change your current attorney.
 
Hello 180Member,

Can you please advise what documentation we have to provide for filing AC21, do I need paystubs from my current employer who sponsored my GC ?. I am planning to change the attorney and file for AC21 after two months or so when I have 4 paystubs from my new employer.

Also can attorney and the sponsoring employer withdraw the I-485 application at this stage (i.e after 210 days)

Thanks all for your views,
 
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