AC21 while 140 is pending - URGENT!

[yoon321]

PLEASE HELP. AC21 while 140 is pending - URGENT!

Hi folks,
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I'm new here, and I'm glad to meet you 'cause I'm frustrated like most of you.
I have a very urgent question for you who may have an answer.
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My ND is Nov 27, 2002 (EB3) and I haven't heard anything from BICS yet, no RFE either.
I was too naive and believed that the processing time on the website shows the actual dates, and I started to look for a new job from Feb2004. It went_smoothly, and I got an offer from the new employer. (almost double of what I get now. !!)
Here is my question.
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1. Do I have to file AC21 and report it to BCIS?
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2. My current employer is willing to response any RFE. Will it be OK to move on? The new company wants me to start from mid May.
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3. I may be able to keep my employment ( such as 'long-term leave') until my I-140 gets approved.
I heard that some interviewers ask the applicants to bring the letter from the petitioner, which proves the employment with petitioner until the completion of I-140. Is it true?
Having 2 full time jobs sound suspicious? Or, should I just leave the company since they're going to respond to RFE anyway if there is.
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I have to give the answer to the new company pretty soon.
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Thanks for your inputs and opinions in advance.

 

[ETA-GC]

If your current company is willing to continue to support the I-140 then my understanding is that you should be in good shape. The GC is for a future job -- you can pretty much work anywhere you want (if you have valid status such as AOS w. EAD / H) in the meantime. I don't think that "keeping up the pretense" of working for the sponsoring company is necessary / desireable.

The real risk in switching to a new employer before you have the I-140 plus 180 days pending on the I-485 is that the old employer could revoke the I-140 / not respond to any RFEs. It sounds like you are on good terms with your current employer and they won't do this (fortunately -- I imagine a lot of companies would have issues with you leaving assuming they footed the bill so far).

My guess is that you don't *need* to file AC21 and you possibly don't *want* to file AC21 (technically you aren't elligble for this yet although there's some gray area here and *apparently* some ppl have used AC21 even before their I-140 went through). I think you'd wait until the I-140 is approved then AC21 this over to your new company.

Obviously, your new job has to be pretty similar to the job description on your LC. I'm not sure if the huge increase in salary could be an issue -- maybe (generally it's decreases which are more of a red flag afaik).

A possible exception might be if your current company has questionable financial health -- such that the I-140 could be refused based on their (in)ability to pay.

That said, if your new job really pays so much - you should run this by an actual lawyer to make sure your i's are dotted etc.

BTW, at the current pace, your I-140 *might* get approved in 3-5 months. The 485 is another 1.5 - 2 years after that at the current pace though (CP might be a bit faster but then you don't have AC21).

ETA

 

[yoon321]

Thanks, ETA-GC.

I got a great relief.
I already talked to my lawyer, but he is 'very' conservative, and doesn't recommend this. He also said that this is an grea area, and wants me to wait for the approval.
Unfortunately, the new company wants me to start pretty soon. (mid May)
I just hope I can get it before I start the new job.
And the petitioner is in good standing in terms of finance.

Thanks again,ETA-GC