AC21 Filing Issues

[cosmopolitan]

I recently changed my employer.
My I-140 is approved and its more than 180 days since i have filed my I-485 . So technically iam ok to change employers. The Only problem is My new Company's Attorney is saying its highly risky and he would advise me not to file an AC21. Iam not sure what i need to do. And since My Attorney is not Advising it, HR is not willing to sign a document for AC21 which i need for AC21

Has Anybody gone thru the same phase and any suggestions may help.
First of all iam not sure if Ac21 necessary? what are the implications of not filing an AC21.

ANY INPUTS?.......PLZZZ

 

[ginnu]

I recently changed my employer.
My I-140 is approved and its more than 180 days since i have filed my I-485 . So technically iam ok to change employers.
The Only problem is My new Company's Attorney is saying its highly risky and he would advise me not to file an AC21.
-------------- did you ask him why it is risky??
I am not sure what i need to do. And since My Attorney is not Advising it, HR is not willing to sign a document for AC21 which i need for AC21
------------- then dont go with this employer
Has Anybody gone thru the same phase and any suggestions may help.

First of all iam not sure if Ac21 necessary? what are the implications of not filing an AC21.
---------- if you read AC21 memo then AC21 filing is "Expected by USCIS" and if you dont file then they may send you RFE or NOID and then file AC21. the problem is if at that time your new employer is not ready to give you permanent job offer with same/similar skills then problem for you.
ANY INPUTS?.......PLZZZ

 

[cosmopolitan]

Thanks Ginnu. Iam not sure why my lawyer thinks that way but he seems to be of the opinion that AC 21 might raise many questions by the INS including an RFE. My question to you is you said when an RFE comes, we can file an AC 21?
Does that mean that an AC21 can be filed at the time a query or a RFE is requested by the INS?

Thanks in Advance

 

[ginnu]

Thanks Ginnu. I am not sure why my lawyer thinks that way but he seems to be of the opinion that AC 21 might raise many questions by the INS including an RFE.
---what many questions? you are eligible for AC21 and you need permanent job offer letter to invoke AC21. if RFE what kind of fear you or your lawyer have, your employer can provide the job offer letter, many get RFE for missing documents and one submits what is asked. I dont think this lawyer is good.
My question to you is you said when an RFE comes, we can file an AC 21?
-----------Yes

Does that mean that an AC21 can be filed at the time a query or a RFE is requested by the INS?
-------------- YES and USCIS may also send NOID that is why many lawyer advice to invoke AC21 before the USCIS sends RFE and many lawyers wait for RFE and then send the letter.
Thanks in Advance