AC21 advice needed. Gurus please.

Dec162003

Registered Users (C)
My 140 was just approved last week, and my 485 was filed in Dec, 2003. Labor certification was RIR EB3. I am thinking to use AC21 to take a job offer, but there are couple of concerns need advice from you.

1) If later on USCIS asks me a letter from 140 employer to prove they have intention to contine hiring me when my 140 was approved, I am pretty sure the 140 employer will give me a really hard time, what am I going to do to handle this trouble? Will my application be denied because I cannot get this letter? Did anybody handle this trouble successfully?

2) Since my 140 was just approved last week, is it a bad move for me to take an offer right away?

I have been reading posts of this forum, some look positive, saying as long as 140 approved and 485 pending for more than 180 days, application will be fine, some mentioned scary cases like the one I mentioned above. Need suggestions from your guys, please.
 
Weigh the Trade off and then decide

I was in similar situation when I used AC-21.

First I got the approved copy of I140. Then I evaluated my situation. I was underpaid and was hardly able to make the ends meet. Therefore I took the risk. I worse side of changing employer is if your case is denied you might have to go back.

I talked with my wife and son. Gave them very good idea as to what might happen if any thing went wrong and also other side as what we will gain if we took this chance.

In this IT field there are only two options either you Surf or you sink. In case of AC-21 it feels like you are jumping from one boat to another in middle of deep sea. But you know you just have to wear the life jacket of "being prepared to go back" and take the plunge. That is what at least I did.

Make no mistake. It is really hard. Things can swing any way. I was very tense just after switching job and even more after getting RFE. But I did not hesitate to hire a good lawyer and ready to bear all costs of using AC-21.

For me at least the risk paid of. But if had remained with my first employer I would have got my GC a few months before and with no RFE.

See if you just can survive with your current employer and continue with him if not then use AC-21 as your last option. That’s my Take.

Good luck :)
 
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