GCwithGreyHair
New Member
I am EB-3 India with PD July 2007. I-140 and I-485 concurrent filing. I-140 approved in Dec’08. Still working for sponsoring Employer on EAD. I don't have underlying H1-B, so EAD is my only work authorization. I have worked for sponsoring employer for more than 3 years. So, intent has always been good.
Now I am getting a job offer from another company, which is different in Job title and duties. I have assurance from my sponsoring employer that they will not revoke my I-140 petition and will continue to sponsor my GC (future job).
So, I DON’T want to invoke AC21 and if an RFE comes in future, I can obtain a letter from Sponsoring Employer showing that the future job offer is still valid. Also, saying they have allowed me to move on Temporarily to a new employer to gain more domain knowledge which is not a must but will help in the future job.
A letter from my New Attorney (haven’t decided who that would be) saying that I still intend to join Sponsoring Employer after I-485 is approved. Hence, NOT invoking AC21 for new employer. New Employer will NOT sponsor my GC (LPR) petition.
Any other W-2, paystubs, evidence etc. from sponsoring and new employer can be provided whenever asked by USCIS.
I understand that the best way to show intent on joining sponsoring employer is to keep working for them but, siince EB3 India is so far retrogressed, I don’t want to stagnate my career in between and hence this plan.
Could you please help me with risks / issues with this approach? Is there something else I should do? Have you seen any such cases being approved by USCIS?
Now I am getting a job offer from another company, which is different in Job title and duties. I have assurance from my sponsoring employer that they will not revoke my I-140 petition and will continue to sponsor my GC (future job).
So, I DON’T want to invoke AC21 and if an RFE comes in future, I can obtain a letter from Sponsoring Employer showing that the future job offer is still valid. Also, saying they have allowed me to move on Temporarily to a new employer to gain more domain knowledge which is not a must but will help in the future job.
A letter from my New Attorney (haven’t decided who that would be) saying that I still intend to join Sponsoring Employer after I-485 is approved. Hence, NOT invoking AC21 for new employer. New Employer will NOT sponsor my GC (LPR) petition.
Any other W-2, paystubs, evidence etc. from sponsoring and new employer can be provided whenever asked by USCIS.
I understand that the best way to show intent on joining sponsoring employer is to keep working for them but, siince EB3 India is so far retrogressed, I don’t want to stagnate my career in between and hence this plan.
Could you please help me with risks / issues with this approach? Is there something else I should do? Have you seen any such cases being approved by USCIS?