AC21 or Wait for Pink Slip ?

D

DesiVidesi

Registered Users (C)
Hi Friends,

Okay here are perhaps some weird questions but I'd appreciate your inputs.

As you can see from my signature, I've I-140 approved, 180+ days have passed since I-485 receipt and so am good to use AC-21. I also have EAD but am still working on H1-B.

Due to unavailability of any current project, it appears that perhaps I might be given the pinkslip soon. I've started my job search in the meanwhile.

My questions are,

1) Suppose I do get a job offer in hand, should I use AC-21 or rather wait for the pink slip ? i.e in terms of future naturalization i.e Citizenship, wouldn't a pinkslip be sufficient proof that I intended to continue with my GC processing with sponsoring employer (proof of intent) but had to leave ?

2) Secondly, in worst case scenario, if I get the pink slip BEFORE I can get a job, and if my employer also revokes my I-140, how soon does USCIS usually issue an RFE ? My PD is not current and TSC current I-485 processing date is also not beyond my I-485 receipt date. Can I even then get an RFE ?

3) In above scenario 2, will I be out of status if I don't have a job offer at hand and get the pinkslip ?

Please RealCanadian or other gurus, answer my questions.
 
Last edited by a moderator:
Disclaimer: I am not a lawyer.
As far as I can tell, AC21 protects you as long as you are working in a "similar occupation". Besides, once I-140 is approved and I-485 is pending for 180 days or more, the I-140 does not matter in the sense that its revocation cannot really hurt you, as long as you are working in a "similar occupation".
Hence, taking a job offer is always safer than getting a pink slip.
 
DesiVidesi said:
Suppose I do get a job offer in hand, should I use AC-21 or rather wait for the pink slip ? i.e in terms of future naturalization i.e Citizenship, wouldn't a pinkslip be sufficient proof that I intended to continue with my GC processing with sponsoring employer (proof of intent) but had to leave ?
Click to expand...

To get AC21, you do not need to prove you "had" to leave. You can choose to leave, for any reason. I would jump before I got pushed.

Secondly, in worst case scenario, if I get the pink slip BEFORE I can get a job, and if my employer also revokes my I-140, how soon does USCIS usually issue an RFE ? My PD is not current and TSC current I-485 processing date is also not beyond my I-485 receipt date. Can I even then get an RFE ?
Click to expand...

If they revoke the I-140, USCIS will not issue an RFE. They will issue a Notice of Intent to Deny to which you have 30 days to respond with evidence of a new job that meets AC21. Hence my suggestion to jump before you are pushed.

In above scenario 2, will I be out of status if I don't have a job offer at hand and get the pinkslip ?
Click to expand...

If you don't respond to the NOID by the time frame it requires your I-485 will be denied.
 
visa current and Job loss

Hello Friends,
I have one more scenario similar to what DesiVidesi asked.

My I-485 is pending since may 2005(Stuck in name check) and I already switched my job last year.
Now looks like I may be losing a job.
I would like to know what happens if my visa dates become current when I am out of job.
Say I lose my job in April and visa date becomes current in May.

RealCanadian, other gurus in the forum, I would really appreciate your answer.
 
visa current and Job loss

Thank you "manwithnoname", but my question is
what if
one don't have a job while the visa is current,
or
one don't have a job while the visa is current and the case(green card) is approved.


Hello Friends,
I have one more scenario similar to what DesiVidesi asked.

My I-485 is pending since may 2005(Stuck in name check) and I already switched my job last year.
Now looks like I may be losing a job.
I would like to know what happens if my visa dates become current when I am out of job.
Say I lose my job in April and visa date becomes current in May.

RealCanadian, other gurus in the forum, I would really appreciate your answer.
 
gc_cc said:
Thank you "manwithnoname", but my question is
what if
one don't have a job while the visa is current,
or
one don't have a job while the visa is current and the case(green card) is approved.


Hello Friends,
I have one more scenario similar to what DesiVidesi asked.

My I-485 is pending since may 2005(Stuck in name check) and I already switched my job last year.
Now looks like I may be losing a job.
I would like to know what happens if my visa dates become current when I am out of job.
Say I lose my job in April and visa date becomes current in May.

RealCanadian, other gurus in the forum, I would really appreciate your answer.
Click to expand...


Most probably nothing happens unless you get an Employement related RFE while you are out of job. It is better to have job offer before this job goes.
 
Thanks for the information, Azazello. Could you provide details about the contents of the AC21 packet that you sent to USCIS in Feb 2008 ? Was it just a letter ?
 
DesiVidesi said:
Thanks for the information, Azazello. Could you provide details about the contents of the AC21 packet that you sent to USCIS in Feb 2008 ? Was it just a letter ?
Click to expand...

Sure,
I sent all the paperwork mentioned in the first posting of the following thread: http://immigrationportal.com/showthread.php?t=153407 plus two new G-28 forms appointing me as a representative of myself and of my child and another one appointing my spouse as a representative of self and thus revoking the original G-28.
 
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