Ac21

PHSESAaug

Registered Users (C)
My current job doesn't look stable and I got an offer for a new job that's not same or similar. I have an EAD with I-140 approved and I-485 pending for > 180 days. How risky will it be for me to move to this new job as a stop gap arrangement for a year. I can always try to move to a same or similar job before my I-485 adjucation.
 
Risks

PHSESAaug said:
My current job doesn't look stable and I got an offer for a new job that's not same or similar. I have an EAD with I-140 approved and I-485 pending for > 180 days. How risky will it be for me to move to this new job as a stop gap arrangement for a year. I can always try to move to a same or similar job before my I-485 adjucation.

PHSESAaug,

I am afraid there is no right answer to your question. It can turn out to be pure luck. I have personally known a lot of people who changed jobs, never informed the USCIS about it and got their GCs without any problems. I have also known people who have switched to similar jobs using AC-21 and subsequently their cases have been transferred to local offices for interviews. There are also people who utilize AC-21, inform the USCIS and their process ends smoothly.

If you feel that your PD will not become current anytime soon then you may consider moving to a different job that is not similar to your current job. I personally think this is risky because you don't want to be in a situation where your PD becomes current and the USCIS decides to issue a RFE for employment verification. You maybe in trouble then. I am also not sure how easy it will be to get back into a similar job after a year or so. You are the best judge of your situation but I would just consider all risks and rewards equally before making any decision.

Good luck.

saras
 
I would also say that it is very hard to make any decision in this situation. The easiest thing that will help you will be how long you have waited for the GC and how much you will be waiting for the PD to become current. If you have invested enough time (more than you will be waiting for the PD) then i would say stick to what you are doing and wait this storm out. There is no silver bullet to this kind of problems but it is always safe to hide in the storm than try to be brave and make some stupid moves.

Frustration should not be the driving force behind any big decision.

Best Luck !
 
I agree with you saras. However don't you think we will get enough clues when USCIS is near our priority dates or about reach our priority dates?
 
Clues ...

PHSESAaug said:
I agree with you saras. However don't you think we will get enough clues when USCIS is near our priority dates or about reach our priority dates?

PHSESAaug,

I am past the point of looking for clues now. This process is completely unpredictable. They can change any rule or interpret it differently at any time so speculating and predicting is of no use.

I have resevered all judgement till I see the Oct-Nov-Dec bulletins. These bulletins may give us some indication of our fate in fiscal year '07.

regards,

saras
 
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I used AC-21 and doing same job (joined client), but impotant thing is to make sure your old employer does not revoke I-140 as long as your I-140 intact you should be fine

also, if your job is not stable, in my opinion it's good to have some job than nothing, if you get RFE

besides same or similar job description is very vague and interpretive, if your future employer is ready to give you a letter supporting role and responsibility, I think you would be just fine using AC-21

Finally AC-21 is one good thing about this whole mess, so make use of it if you can
 
In the end I think it depends on how stable is your current job. I agree with Guldulkan; better to have a job than none in case of RFEs. Perhaps you could talk to your supervisor before quitting to have a clearer picture on how long position will last ? If he gives you a hint that you will be kick out, then that's might be a hint for you to move on.

That said, I have a friend who came here as IT manager, got laid off, applied for AC21 and his position was not the same or similar (he was working as an engineer). He was actually invited for an interview and got his GC just fine.
 
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