AC21 Filed but DON'T want to change

G

GC_Mystery

New Member
Guys,

I am in following situation and was thinking if some of you could provide ur valuable advice.

I work for company X. I accepted an offer from another company Y. Company Y filed for my AC21 also to USCIS. I am suppose to start sometime in October. But in the meantime my current employer gave me a counter offer which looks really good. So now I would like to check my options to know if I can turn down my NEW offer.

1. If I accept counter offer from my current employer, what happens to AC21 that is already filed by my future employer?

2. Do I need to inform USCIS that AC21 is NO Longer valid?

Any input will be appreciated.
 
GC_Mystery said:
Guys,

I am in following situation and was thinking if some of you could provide ur valuable advice.

I work for company X. I accepted an offer from another company Y. Company Y filed for my AC21 also to USCIS. I am suppose to start sometime in October. But in the meantime my current employer gave me a counter offer which looks really good. So now I would like to check my options to know if I can turn down my NEW offer.

1. If I accept counter offer from my current employer, what happens to AC21 that is already filed by my future employer?

2. Do I need to inform USCIS that AC21 is NO Longer valid?

Any input will be appreciated.
Click to expand...

It will be another AC-21 just like new employment. There is no bar on joining the original employer.
 
First, the morale of the stiry is never count your chickens before they are hatched ! You should have filed AC21 AFTER you physically joined the neew company, and not before.

Anyways, since we cannot change the past, the best you can do now, is send another letter, saying that please dis-regard the previous correspondence regarding AC21, as you will no longer be changing employers. I don't agree with tammy, that its another AC21. Because you never left the original company, so how can you be joining them again ?
But the downside of sending this letter could be, that you are more than likely to confuse USCIS And if they get confused about a case, it could mean either delay in adjudication and/or transfer to local office and a personal interview.

Having said that, if I were you, I would just sit tight now and NOT send anything. I would wait for adjudication or an RFE. Because its much better to reply to a question (aka RFE) that USCIS sends rather than creating doubts in their minds. Rememeber another lesson is, keep things simple, and olny send documents that are asked for, and when they are asked for.
 
But the new employer may have filed G-28 and if he just sits tight, all future correspondence may go to the new lawyer. I think this has to be corrected.
 
GC_Mystery said:
Guys,

I am in following situation and was thinking if some of you could provide ur valuable advice.

I work for company X. I accepted an offer from another company Y. Company Y filed for my AC21 also to USCIS. I am suppose to start sometime in October. But in the meantime my current employer gave me a counter offer which looks really good. So now I would like to check my options to know if I can turn down my NEW offer.

1. If I accept counter offer from my current employer, what happens to AC21 that is already filed by my future employer?

2. Do I need to inform USCIS that AC21 is NO Longer valid?

Any input will be appreciated.
Click to expand...
You have to file AC-21 after joining new company and NOT your new employer!

if you do not wish to join the new employer then write a note stating the same to USCIS. In that note you can clearly state that you wish to stick with company X.
 
gb04 said:
But the new employer may have filed G-28 and if he just sits tight, all future correspondence may go to the new lawyer. I think this has to be corrected.
Click to expand...
I-485 is 'his' application and only he can sign the G-28 form. His new emnployer cannot sign the G28. So he does not need to worry on this count.
 
gb04 said:
But the new employer may have filed G-28 and if he just sits tight, all future correspondence may go to the new lawyer. I think this has to be corrected.
Click to expand...

I do not think G-28 is related to the current issue here. G-28 comes to picture if he changing the attorneys. Anyway whenever representation is sent from the attorneys they send the G-28 along with that. It is standard practice

You can send another letter saying I am going to work for this company. It should not be problem at all.

But do not do any thing fast. Take your own time; Send it when you feel comfortable with new job or same job.
 
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