AC21 Urgent need to take offer or leave offer ?

V

vnp200

New Member
* I-140 was approved in 3rd week of Dec 2002. * I485 was applied in 1st week of Dec, 2002. Right now they are processing january 2002 I-485's. My 1st EAD was issued in jan 2003 and expired in jan 2004. I applied for EAD renewal in 3rd week of October 2003 and right now they are processing October 9, 2003.I am expecting my new EAD anytime. I got interim EAD issued upto May 2004. My H1 with my company is expiring in April 2004. My 6 year limit will end in oct 2004. I travelled on AP as well in 2003. All this happened with the company i am working for currently which is also my sponsor for my green card as well. There is nothing wrong with the company i am working.

Now... I have an offer letter from a big multinational company for the same job.I like everything about the offer except for what impact it may have on my green card. I need to take or leave the offer by next week. They are willing to take me on my EAD. The only catch is they don't sponsor anybody but will employ you with an EAD. They said i am on my own when it comes to renewal of EAD.

If i use AC21, will I have any problems to get my green card. What is required from the new employer
if i use AC 21. If any RFE's are issued will it be a problem. I don't want to lose a good opportunity, but at the same time don't want to jepeordise my green card. I am in a catch 22 situation. Should i let go this opportunity which will help me in my career on the long run.

Any suggestions ? Advice ? Appreciate all your help and immediate response.

Thank you
 
· I-140 was approved in 3rd week of Dec 2002.
· * I485 was applied in 1st week of Dec 2002.
· Right now they are processing January 2002 I-485's.
· My 1st EAD was issued in Jan 2003 and expired in Jan 2004. I applied for EAD renewal in 3rd week of October 2003 and right now they are processing October 9, 2003.I am expecting my new EAD anytime. I got interim EAD issued up to May 2004. My H1 with my company is expiring in April 2004. My 6-year limit will end in oct 2004. I traveled on AP as well in 2003. All this happened with the company I am working for currently which is also my sponsor for my green card as well. There is nothing wrong with the company I am working.

Now... I have an offer letter from a big multinational company for the same job. I like everything about the offer except for what impact it may have on my green card. I need to take or leave the offer by next week. They are willing to take me on my EAD. The only catch is they don't sponsor anybody but will employ you with an EAD. They said I am on my own when it comes to renewal of EAD.
------- all have to renew the EAD and many employers don’t pay for EAD renewal , you can renew EAD with out any lawyer and no letter from current employer or past employer is needed to renew EAD or get AP both are based on pending I-485 and I-485 belongs to you not to any employer
If i use AC21, will I have any problems to get my green card. What is required from the new employer
-------- You are eligible to use AC21, you will need a letter from new employer for future permanent job offer and in that letter they have to state that they intend to employ you on permanent basis after I-485 approval and they should write the same skill set and same job title as on past approved LC
if I use AC 21. If any RFE's are issued will it be a problem.
----- Not a problem because your I-140 is approved and I-485 pending more than 180 days USCIS may send RFE for job change but if you inform USCIS then I don’t think they will send RFE they may Send RFE for new employment letter or the ability of new employer to pay the wages if that happens then send the new job offer letter and company financial documents

I don't want to lose a good opportunity, but at the same time don't want to jeopardize my green card. I am in a catch 22 situation. Should i let go this opportunity which will help me in my career on the long run.

---- I don’t see any problem but discuss it with new employer if they will give you future job offer letter when needed
*** if you join by EAD then find same/similar job and dont forget to send renewal EAD application 5-6 months advance so that you get EAD before the present EAD expiry date and always keep valid AP approved with you for any trip out side US and to reenter US before AP expiry date
 
Thank you 'ginnu'. Your feedback is very helpful. I will follow your suggestion of contacting a lawyer. Would the attorneys reply in a day. Would you suggest anybody from whom i can get an immediate response ? As I mentioned earlier i have to confirm by Tuesday.

And also would my signing the offer letter be considered as using my EAD. Even if I sign the offer, my start date with the new company is two months from now.

Please let me know.

Thanks again.
 
Thank you 'ginnu'. Your feedback is very helpful. I will follow your suggestion of contacting a lawyer. Would the attorneys reply in a day? Would you suggest anybody from whom I can get an immediate response? As I mentioned earlier I have to confirm by Tuesday.


----------Why do you need to contact attorney? You have to discuss with new employer if they will be ready to give you future permanent job offer letter with same job title and same skill as on past approved LC. if they say YES then you don’t have any problem , you can contact later to hire your lawyer to draft AC21 letter or when get any RFE if you still want to contact lawyer better contact Rajiv Khanna ( our host) or Sheela Murthy (www.murthy.com) or Cyrus Mehta NYC lawyer ( www.cyrusmehta.com)
And also would my signing the offer letter be considered as using my EAD.
----- if you join by EAD then you have to sign I-9 form that is kept only with employer H.R department
Even if I sign the offer, my start date with the new company is two months from now.
---- that is not a problem or ask the new employer that you will sign when you join
 
1. EAD is always your own- no employer help/involvemnet required.
2. AC21- you may need some help - a general letter etc. In the worst situation you can do without it. Sometimes you get approved withot RFE/interview then the letter etc are irrelavent.

In short go ahead there is nothing at all to worry or panic. As you have stated that the jobs are similar that is all that counts (that too not a whole lot).
 
I will speak with the company which is making this offer and let them know of my requirement of a offer letter for AC21/GC purposes.

ginnu and sb_tiger appreciate your time and immediate response.

Thank you.
 
sb_tiger

Sometimes you get approved without RFE/interview then the letter etc are irrelevant.
------ If you don’t update USCIS before I-485 approval or at Interview time (if file transferred to local USCIS office) that you are going to USE AC21 then if I-485 is approved then you are supposed to work with Original Sponsor of GC after GC approval. One must let USCIS know that you have changed intent and your I-485 should be approved on base of future job offer letter for new employer. If you don’t update USCIS does not get dreams that you changed employer
 
ginnu,
recently a freind of mine got approved after interview. He never informed BCIS about job cahnge. At interview time he just showed new job letters- he was fine.
I do understand and agree with the relvance of a permanent/job letter etc- but as in implementation- sometimes it does not figure in.
HTH
 
Hi Ginnu,
If I understand correctly, what you are saying is, we don't really need to be working for sponsor to take advantage
of AC21, I am in the following situation:

I am working for company A from last 4 years and Company B filled my I-140 ( I-485 myself ) on future
employment bases. Can I change a sponsor to "A" after 180 days of filing 485 by just sending future job offer
letter from company "A" ( my current employer ) along with my intention to change the sponsor. I don't really want
to work for Company B unless it is needed. Can the Company "B" able to revoke I-140 after 180 days of filing just
because I haven't worked for them OR the AC21 can stop them doing that?

Your help will be very much appreciated, as always

Thanks in advance
Krishna

Originally posted by ginnu
sb_tiger

Sometimes you get approved without RFE/interview then the letter etc are irrelevant.
------ If you don’t update USCIS before I-485 approval or at Interview time (if file transferred to local USCIS office) that you are going to USE AC21 then if I-485 is approved then you are supposed to work with Original Sponsor of GC after GC approval. One must let USCIS know that you have changed intent and your I-485 should be approved on base of future job offer letter for new employer. If you don’t update USCIS does not get dreams that you changed employer
Click to expand...
 
Hi Ginnu,
If I understand correctly, what you are saying is, we don't really need to be working for sponsor to take advantage
of AC21, I am in the following situation:

I am working for company A from last 4 years and Company B filled my I-140 ( I-485 myself ) on future
employment bases. Can I change a sponsor to "A" after 180 days of filing 485 by just sending future job offer
letter from company "A" (my current employer ) along with my intention to change the sponsor. I don't really want
to work for Company B unless it is needed. Can the Company "B" able to revoke I-140 after 180 days of filing just
because I haven't worked for them OR the AC21 can stop them doing that?

--------------- Your I-140 has been filed by B and on base of I-140 you filed I-485, I don’t know if your I-140 is approved or not. Once I-140 is APPROVED and I-485 pending more than 180 days then ONLY you can use AC21 and can send employer A future permanent job offer letter and your intent change letter to USCIS with copy of I-485 filing receipt

Company B can revoke the I-140 any time before it gets approved and can also request USCIS to revoke the I-140 after approval but if you change employer after I-140 approved and I-485 pending more than 180 days then you can use AC21 and USCIS will not revoke the I-140
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html

*****Why you did not apply EAD, AP with I-485? You can still apply EAD, AP with I-485 filing receipt, it is better to keep valid EAD and AP and one can work on H1 status and they same time can have EAD and AP and in any emergency you can use AP or if lay off you can use EAD
 
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If you don't at all work for the sponsor and if they want to make an issue about it- I don't think if BCIS would like it. I am not aware of the prevaling law or practices on it. :rolleyes:
HTH
 
You are the man :)

I forgot to mention , I filed 485/EAD/AP together , I-140 is pending.

Thanks so much
Krishna

Originally posted by ginnu
Hi Ginnu,
If I understand correctly, what you are saying is, we don't really need to be working for sponsor to take advantage
of AC21, I am in the following situation:

I am working for company A from last 4 years and Company B filled my I-140 ( I-485 myself ) on future
employment bases. Can I change a sponsor to "A" after 180 days of filing 485 by just sending future job offer
letter from company "A" (my current employer ) along with my intention to change the sponsor. I don't really want
to work for Company B unless it is needed. Can the Company "B" able to revoke I-140 after 180 days of filing just
because I haven't worked for them OR the AC21 can stop them doing that?

--------------- Your I-140 has been filed by B and on base of I-140 you filed I-485, I don’t know if your I-140 is approved or not. Once I-140 is APPROVED and I-485 pending more than 180 days then ONLY you can use AC21 and can send employer A future permanent job offer letter and your intent change letter to USCIS with copy of I-485 filing receipt

Company B can revoke the I-140 any time before it gets approved and can also request USCIS to revoke the I-140 after approval but if you change employer after I-140 approved and I-485 pending more than 180 days then you can use AC21 and USCIS will not revoke the I-140
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html

*****Why you did not apply EAD, AP with I-485? You can still apply EAD, AP with I-485 filing receipt, it is better to keep valid EAD and AP and one can work on H1 status and they same time can have EAD and AP and in any emergency you can use AP or if lay off you can use EAD
Click to expand...
 
I am also in the same situation as vnp200...

I joined in multinational company B as a consultant from company A who sponsor my GC and also i have agreement not to join Company B for 1 year after leaving the company B contract.

your response is appreciated.
 
BCIS would not get involved/care with breach of employment contract etc. You will have to resolve it with your employer(s).
HTH
 
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