AC21- What Steps to follow

[desi_girl]

AC21-Precaution

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Hi,
I have reading about the proceduresof using AC21 law.
My client is offering my a full time, but my emlployer informed that they would cancel I-140 if I had to leave.
My I-140 has been approved in 2005 and My I-485 has been pending since July 2005. I had RFE's and we have responded. We have also completed our Interviews, seperately.
I had RFE's and we have responded. We have also completed our Interviews, seperately.
1.Is it advisable for me to move to my client?
2.If yes, what precautions or steps should I follow to avoid any NOID and applying for MTR etc.
3.Can these RFE's and denials be avoided by any measure?
4.My spouse is dependant on my application. How will it be affected?I no longer have my H1.My husband and I are on EAD's

5.If I convert using the AC21 rule, will I still face issues?
6.Can my new lawyer be the one from the client company or should he be someone independant?

Please let me know and Thank you for your time

 

[Jackolantern]

If you change employers, you'll have to be prepared for the consequences of the employer revoking the I-140. Make sure you get the new job offer in writing before you resign. Then as soon as you resign, send in the AC21 paperwork with details of the new job offer (you don't need be in the actual job already, you only need a job offer to qualify for AC21). That way USCIS should get the information before the employer revokes the I-140.

Then you need to revoke the G-28 so the RFE won't go to your former employer. If a new lawyer is going to handle your I-485, file a new G-28 for the new lawyer. The lawyer can be found and paid by you or your new employer.

USCIS may issue an RFE or NOID anyway even if you proactively sent the AC21 info. So you'll need to be prepared for the RFE and ready to send the info again (and explain that it was already send on whatever date) when the employer asks USCIS to revoke the I-140. Keep monitoring your case status online and keep in touch with the new attorney (if you use one) so you don't miss the RFE/NOID.