AC21 Question

H

helge

Registered Users (C)
My RD is Jan 28, 2002 and my case is EB2/RIR/EAD.

I have a great offer, salary is almost 30% higher than my current salary and well above the salary stated in my labor certification. I have to move from CT to FL (which is of course great, but it could trigger the transfer of my case from VSC to TSC or local center).


My questions are...
1) In order to claim AC21 should I officially be laid off or would it be okay if I resign?
2) Should I simply keep my CT apartment until GC approval and keep quiet about new job and new address?
3) If I inform BCIS about AC21 and new address is it likely that this will delay approval, possibly even that they transfer my case to local center or TSC?


I just got the offer this evening and could not yet discuss this with my lawyer. I would appreciate your thoughts and promise to update this post on Monday with what my lawyer ended up recommending.
 
Helge

Since u have already completed 180 days you can as well join the new company. Because u are very close, you are better off to maintain the same address.

I took up a new job in Jan 03, (got lay off from sponsoring employer in May 2002), leased out my nj apt to one of my friend, so that i need not give change of address. My attorney is not telling whether my case would be tranferred to NSC if i give change of address.

Looks like Usually a change of address raises a flag for BCIS, though it may not be true for all. I saw postings in this forum who got the approvals without any queries after giving change of address.

I would look for your response on what ur attorney suggested.

Good Luck
 
Here is my opinion :

1) In order to claim AC21 should I officially be laid off or would it be okay if I resign?
Answer : No need to be laid off. You can join any company you like
with similar job

2) Should I simply keep my CT apartment until GC approval and keep quiet about new job and new address?
Answer : It's better not to change address at this stage because that will trigger lot of questions. You are likely to get approval or RFE within a month or two. So keep your family in CT for a month or two and you better stay with bachelors in FL so that you don't spend much money. Alternately, if you can find some one to take sub lease of your CT apartment that will be great.

3) If I inform BCIS about AC21 and new address is it likely that this will delay approval, possibly even that they transfer my case to local center or TSC?
Answer: Transfer to TSC is likely. As i said, don't inform BCIS and don't change address.

It's only my personal opinion. I request other seniors to give their opinion, if they have a different one.
 
Dsatish, Saisiree - Thank you! I will update this post on Monday with my lawyer's response (hopefully my lawyer is available on Monday)
 
How does one get away with being in 2 places

I simply cannot understand and hope someone enlightens me. Regarding not sending in AR-11 by maintaining residence ( referring to helge's case) if one gets RFE for employment letter, pay stubs etc ( i hope not) then how would one show that they are still staying in CT and having a job in FL. do they fly up and down everyday. Maybe helge should decide if he/she really wants to move right now considering approval is so near. Of course the lawyer would tell more clearly.
I will be moving to Boston and will file AR-11. Because I cannot stay in midatlantic region and work in Mass. Too hectic for me :)
But seriously any thoughts on these will be much appreciated.
 
My suggestion would be to maintain the apt. at CT, as you r so close to approval, application transfer will delay your processing by more than 6 month !
 
ag28

There is nothing wrong in having 2 addresses. One is your primary residence and the second one is for work purpose.
For ex: in my case my wife was working in NJ, my new job was in Indiana. So obviously you can justify the two addresses.


If you give a change of address, there might be a transfer of case (atleast 6 months delay for approval- may be less also). If you sub-lease and have some reliable guy (who pays the rent), and forwards your approval notice that would reduce a lot of delay.
 
Here is what my lawyer said...

- Pointed out the two Baltimore denials (AC21/GC denied because applicants moved into different geographical area).

- Said that Serice Centers have, to her knowledge, never denied AC21/GC because of location.

- Filing AR11 could or would trigger RFE or transfer.

- Keeping two apartments and not filing AR11 would be okay.

- It gets tricky in case of RFE for paystubs.

Well, now I have something to think about....is this a calculated risk worth taking?

Any suggestions????
 
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Thanks Helge for the update from your attorney.
If your present job is fine and would continue until you get your approval, better get your GC and then take up new offers.
This is my opinion.

Good Luck.
 
Saisiree, my present job will end on June 27 plus two weeks notice (plus severance plus untaken vacation paid out). So waiting is not a good option.

This job in Florida is actually a dream come true for me. I will start the new job in mid June (they wanted me to start even sooner - I can't delay the start date).

I think I will take my chances with AC21/AR11. I am planning to send both AC21 and AR11 together to VSC at the end of the 10-day period (around June 20). May be I am approved by then anyhow.
 
In your situation you need to take the plunge. Like my attorney suggested me , I suggest you to take a service certificate, a termination/lay off letter from your present employer.

The service certificate should basically state that you have worked for them as a [your designation as specifiied in the 485]from xxx date to yyy date, with an anuual salary of zzz.
 
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