Changing jobs using AC21, What do you guys think?

[gladiator007]

Good Morning All,

I am in currently in a situation where I am working for the past 5 years at the very stable company AAA as a Programmer. However I am at a point where I would like to explore more options primarily due to my most recent rotation working on technologies that don't correspond to my goals. My current company decided not to pursue my H1-B renewal after my I-140 was approved last year so I am currently on EAD.

My Questions ....

How safe is switching jobs using AC21?

Does the company BBB need to support sponsorship of any kind? In other words, can I go and work for a company BBB that doesn't sponsor for H1-B or GC?

What is the timeline for AC21 approval?

Does name check happens for all candidates and their families? The reason I ask is because according to this forum, some people are stuck in name check for the past many months.

Should I apply before or after I switch jobs?

EB3, Rest of the World
Priority Date: April 2002
Filed I-485 and I-140 concurrently in April 2005.
EAD and Advance Parole in May 2005
Fingerprinting: May 2005
I-140 Approved: June 2005
RFE on I-485: July 2005
Response in July 2005
I-485 declined as stated by USCIS that RFE response was not received.
Company lawyer responded to USCIS decision with all mailing records that RFE was responded.
Case re-opened in October 2005.
EAD and Advance Parole in May 2006
Waiting on Prority Date to become current.

 

[ginnu]

Good Morning All,

I am in currently in a situation where I am working for the past 5 years at the very stable company AAA as a Programmer. However I am at a point where I would like to explore more options primarily due to my most recent rotation working on technologies that don't correspond to my goals. My current company decided not to pursue my H1-B renewal after my I-140 was approved last year so I am currently on EAD.

My Questions ....

How safe is switching jobs using AC21?
--------- only if I-140 is approved and I-485 pending more than 180 days AND you get same/similar permanent job offer letter from new employer and request USCIS to invoke AC21
Does the company BBB need to support sponsorship of any kind?
------------- they need to give you permanent job offer letter with same skills as on approved LC
In other words, can I go and work for a company BBB that doesn't sponsor for H1-B or GC?
---------- read above. if they are ready to give you letter with same similar job duties and you invoke AC21 BEFRE I-485 is approved
What is the timeline for AC21 approval?
----- to invoke AC21 one need to send letter to USCIS where I-485 is pending with new job offer letter, your I-485 filing reciept copy ( you can also attach Copy of AC21 Memo). AC21 is only request it does not mean AC21 will get approved early or later it will take the normal time to get I-485 approved
Does name check happens for all candidates and their families? The reason I ask is because according to this forum, some people are stuck in name check for the past many months.
----------- depends on many factors,name check and background check is done for all before I-485 approval

Should I apply before or after I switch jobs?
---------- you can apply AC21 after you get job or join new employer. first ask them if they are ready to give you Permanent job offer letter with same/similar job duties
Lastly, what do you guys personally think? Is it worth the risk considering we Desi people have so much responsibility from our families and all?
-------------- that you have to decide

EB3, Rest of the World
Priority Date: April 2002
Filed I-485 and I-140 concurrently in April 2005.
EAD and Advance Parole in May 2005
Fingerprinting: May 2005
I-140 Approved: June 2005
RFE on I-485: July 2005
Response in July 2005
I-485 declined as stated by USCIS that RFE response was not received.
Company lawyer responded to USCIS decision with all mailing records that RFE was responded.
Case re-opened in October 2005.
EAD and Advance Parole in May 2006
Waiting on Prority Date to become current.

 

[gladiator007]

Thank you so mvery much Ginnu ...