Advise needed on AC-21 after FP2 - Dec02 filer

kk531

Registered Users (C)
Friends-

I have been with the same employer for the last 5 years. I have given my FP2 ion June 29 2004. My 140 is approved and 485 was filed in Dec 2002. Meanwhile, the client where I'm consulting is giving a very very good offer to become an employee. The position will go away if I dont take it now. My relation with the current employer is very good and he will understand if I have to switch at this stage. However, my lawyer is not giving any advise because he says it is a conflit of interest. I would like to know from you guys how safe it is to go for AC -21 and also what would be the steps. Or should I take a chance and wait for 85 approval?

Thanks.
 
kk531 said:
Friends-

I have been with the same employer for the last 5 years. I have given my FP2 ion June 29 2004. My 140 is approved and 485 was filed in Dec 2002. Meanwhile, the client where I'm consulting is giving a very very good offer to become an employee. The position will go away if I dont take it now. My relation with the current employer is very good and he will understand if I have to switch at this stage. However, my lawyer is not giving any advise because he says it is a conflit of interest.

I would like to know from you guys how safe it is to go for AC -21 and also what would be the steps.
----- you are safe to join new employer, change the employer and send your Intent change letter + new employer future job offer letter+ copy of your I-485 filing Or your new company lawyer can draft a letter and send AC21, your past lawyer will not help you becase he represents your employer
** you can search for "AC21 Sample letter" in this thread
* if you change the employer also let your new company lawyer represent you or you can hire your lawyer and fill up form G28
Or should I take a chance and wait for 85 approval?
--- that is upto you
Thanks.
 
Hi Ginnu...and others

I filed my 485 in June 2004 140/EAD/Ap got approved...If I get a full time offer can I go work ON EAD now(from Sept 2004(after 90 days of 485)) and at the same time with my h1 company I work part time on my h1 and can I run payroll...!!??

Can I use both at a time!!??

is that will be a problem..or you want me to stay 180 days with h1 company and work on H1..dont use EAD now!!??

U want me to use after 180 days and after filing AC21!!??

Can you please sugget...thanks a bunch in advance
 
Thanks Ginnu.
Is AC21 a form or is it the Intent to Change Letter that is called as AC21?
Whether I submit or lawyer submits it, what we have to submit is still the same. Correct?
 
Nimmi said:
Hi Ginnu...and others

I filed my 485 in June 2004 140/EAD/Ap got approved...If I get a full time offer can I go work ON EAD now(from Sept 2004(after 90 days of 485)) and at the same time with my h1 company I work part time on my h1 and can I run payroll...!!??

Can I use both at a time!!??

is that will be a problem..or
you want me to stay 180 days with h1 company and work on H1
-----I will do that
..dont use EAD now!!??

U want me to use after 180 days and after filing AC21!!??
----- that will be ok, many keep H1 status or extend H1 becase if anything goes wrong with I-485 you have status
Can you please sugget...thanks a bunch in advance
 
kk531 said:
Thanks Ginnu.
Is AC21 a form
-- it is not a form
or is it the Intent to Change Letter that is called as AC21?
Whether I submit or lawyer submits it, what we have to submit is still the same. Correct?
-yes

*****
what you need to send to use AC21
1 Your Intent change letter that you have changed intent and would like to work permanently with new employer XYZ
2 Letter from new employer that states they have future permanent job for you and it will have same job duties/skills as on approved LC
3 copy of your I-485 filing reciept
* it will not hurt if you send copy of 2-3 recent pay tubs from new employer
 
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