AC21...How safe it is???

1204gc

Registered Users (C)
Hello Gurus:

Need advice.

I am in a consulting company. My client is offering a good position. My RD is 12/04/2002.

Keeping the personal priorities aside, Is it safe to use AC21? or Is it better to wait?

Your thoughts will be appreciated.

-pk
 
Hi
I am also in Same Boat as you !!!!
I have offer from my Client

Here is my take

You don't have to file AC21. From your RD your approval is around the Corner
So just wait for your Approval. If you get it you don't have to do anything.

In case you get RFE , you can file AC21 at that point , and still get Approval
I have seen lot of such cases


Still ppl share your Expereince
 
1204gc :

If I were you, I'd take the client offer (if its exceptionally good). Your RD is Dec'02 and I think you're atleast 6 months away from approval (not barring second FP or RFE).

I am not sure you would need to file AC21 to change job. I don't know what "filing AC21" means. Can someone please throw some light on what exactly filing AC21 means ?

Thanks
 
Here is my advise: Being Dec'02 case, your approval is not around th corner :( . So it is better to not lose good opportunities. While leaving the sponsoring employer, you should look into the issue of new job title and job description. Make sure that your new job skill set matches with your skillset in your LC. Otherwise you may be taking some risk.
There is no need to file any AC21 info with INS. If you get reply, then just send them what ever documents they ask. This is what almost every one is doing.
 
My advice : Don't miss the oppotunity.

I was in the same boat last year.

Rejected VERY LUCRATIVE client offer thinking green card is around the corner.

After 2 months client asked me to join or lose position.

I had no choice but to join using AC21 since market consition was very bad that time.

But this time package was 40K less.
 
AC21 Is Absolutely Safe

1204gc,

AC21 is safe as long as you have a job in which the Wage/Title/Duties are same or similar.

What are your dates? Is your 140 approved?

Please post all the Dates 140AD/485 ND/RD/FP????
 
Is AC21 required by law or is it only done so that if an RFE is issued against your pending I-485 it comes to the new employer rather than the old one? If you are relatively sure that no RFE will issued aside from the 2nd/3rd FP and medical examination does one still need to file AC21 prior to changing employer?

thx
 
No, you do not have to inform INS about your change in employer, unless they ask you to. But, there is nothing wrong in informing them also. Its upto you, its a matter of your personal preference. But the general tendency is to wait till you receive a RFE.

There is nothing called filing for AC21, if they ask you for your proof of employement, and you have changed your employer then you have to tell them using the AC21 law you have changed the employer with a similar job description and responsibility.
 
What do you guys think, if I have changed the employer but don't want to use AC-21, in case I get an RFE. Can I tell them that in near future I would be joining my GC sponsoring employer.

The reason is that I left my GC sponsoring employer even before my labor was approved and joined the client. The GC sponsoring employer kept the process going, now I am 16 months into 485. In case I get RFE I don't want to use AC21 because I don't feel very secure at the place I am currently working and also my GC sponsoring employer will hire me back again (hopefully) if I loose this job.

Everyone's thoughts are welcome and appreciated.
 
Originally posted by PremChopra
What do you guys think, if I have changed the employer but don't want to use AC-21, in case I get an RFE. Can I tell them that in near future I would be joining my GC sponsoring employer.

The reason is that I left my GC sponsoring employer even before my labor was approved and joined the client. The GC sponsoring employer kept the process going, now I am 16 months into 485. In case I get RFE I don't want to use AC21 because I don't feel very secure at the place I am currently working and also my GC sponsoring employer will hire me back again (hopefully) if I loose this job.

Everyone's thoughts are welcome and appreciated.

When you get RFE, just send pay stubs from current employer and a future employment letter from sponsoring company. That will do.
 
Go No further

dsatish's last post should be enough. Strongly the more you dig in diff opinions. I am the same AC21.

Consulted over 3 lawyers. same answer. Wait for RFE then produce doc IF asked.
 
I changed my job 4 months ago- was laid off. Waited/pondered over pros and cons of filing- different people/lawyers have differing opinions and experiences. I finally filed AC21 papers only last week.
Now hoping the filing would trigger something approval/RFE/FP2 whatever.
Will keep folks posted.

Guys can visit theAC21 Forum for more details/tidbits.
 
This will be helpful
Someone has Passed 2 years after filling I-485 had 2 EADs , applied for 3rd EAD

But Place someone is working that Company wants them to go fulltime.

What are the options


Can Sponsosring Employer do anything at this point .......
Can they STop GC Processing ??
INform INS saying that MR X has left our Company ???

Just trying to wonder what Sponsoring Company Can do ???
 
AC21

Guys,

It is safe to change job after 6 months, but don't change job before 6 month. I was also working for consulting company, so know the problems.

Changed job(i.e. Companies) 4(FOUR) times but always worked on W2 (as full time employee), no matter how long the duration was. Always ask them are they willing to give required letter stating you are working as full time employee?

Hope it helps....
 
This will be helpful
Someone has Passed 2 years after filling I-485 had 2 EADs , applied for 3rd EAD

But Place someone is working that Company wants them to go fulltime.

What are the options


Can Sponsosring Employer do anything at this point .......
Can they STop GC Processing ??
INform INS saying that MR X has left our Company ???

Just trying to wonder what Sponsoring Company Can do ???
 
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