AC21 Question - Job Change ...

Irish272000

Registered Users (C)
My details are as follows:-
   I-485 Receipt Date : January 7, 2002.
   I-485 Notice Date : January 17, 2002.
   Fingerprint Date : March 14, 2002.
   EAD Issued/Received : February 4, 2002.

My situation:
   Currently working full time for a consulting firm who are sponsoring me for the greencard and have been with them for 5 years. My current contract with a client is in a constant state of flux (being renewed month to month). My firm has stated that they are having difficulty finding follow-on contracts for me.

   I have been approached by a very good company about a potential full time position - the job is very similar to my current position and, mindful of potential RFE\'s, I have indicated a salary equal to or slightly above my current one.

   I reach the 180 day "limit" under AC21 on July 7 (or July 17 if based on ND). My current (sponsoring) employer is willing to maintain me as an employee though the summer, allowing me to use my EAD to go work for this other company. They are also willing to meet the INS requirements of a "future" job offer, under the requirements of employment-based sponsorship. At a later date, they will if necessary, give me a letter saying they had to lay me off due to current market conditions (as indeed they may have to do!), but they would not do this until I\'m "safe" due to the 180 day rule. Basically, they are saying that they will do whatever they can to ensure I get my greencard, even if I no longer work for them!

   My questions is this - is the best approach to use my EAD to work for the new company, while my sponsoring company maintains me as one of their consultants (albeit unpaid) for several months, and then use AC-21 (once I\'m well past the 180 days) to get laid off by my sponsoring company? As I said, my company will still offer me a future job once the greencard comes through, as they fully expect market conditions to have improved by then.

   Any advice or personal experience on this would be appreciated.
 
Man .. you are one lucky guy I have ever seen. And you still asking us for suggestion.

Go fo the new job. It is extremely difficult to get an employer like that what you have now. So take the chance. Almost all of us are not lucky as you...
 
AC21 question ...

Thanks habib - I know I\'m lucky, especially after a lot of the posts I\'ve read here. I wasn\'t trying to make anyone feel bad or anything but after so many years, and different setbacks along the way, I\'m understandably (I think) a little nervous ....
 
AC-21

The tricky part of the AC-21 law is the 180 day rule. I have read about a case that was approved even though the candidate moved before the 180 days. The main thing here seems to be that the case should not get abjudicated within the 180 day period. INS is still in the August 01 period. So depending on that you have to take a chance. After 180 days are over I don\'t think it really matters whether your sponsoring company gives a letter or not.
 
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