Company closing - job change - Urgent help needed

A

Ak2003

Registered Users (C)
Urgent help needed

Hey Guys,

I work for a very small company in NJ (just 2 employees). Due to personal reasons the person owning the company wants to close it down. He is in very good terms with me (a friend), but he told me to look for another company as things are not working out for him financially.

I have my pending 485 (ND 5/5/03) filed from this company.
I had my first FP done and i just applied for my second EAD and AP extension.

I have 2 options - (1) take a pay cut or (2) Join another company.

1. If he closes the company after i join another company will it affect my GC processing? (its been more than an 1.5 years since i filed for 485).

2. Also if i join some other company (with similar job) i might get a higher salary will that matter ( i will join the middle man in this case so i can get rid of other expenses.)

3. If i change the company do i have to file for AC-21 or is it optional.

Please suggest me gurus.
 
(2) More salary is actually better -- my lawyer told me that. Then it is easier to explain I guess.

(3) AC-21 is completely optional. Some lawyers like to file it. I know Sheela Murthy does. Most others advise you not to. I consulted several.

Sorry do not have the answer to your first one. Someone else might chime in.
 
What if i dont file AC-21 and get an RFE later in a couple of months for employment and paystubs. Can i show my other companies paystubs and employment letter?

Thanks for the answers eadwoes.

Can anyone answer my first question please.....

Thanks in advance.
 
Originally posted by Ak2003
What if i dont file AC-21 and get an RFE later in a couple of months for employment and paystubs. Can i show my other companies paystubs and employment letter?
Thanks in advance.
Click to expand...

Explain at the time of RFE that you have excercised the AC-21 option with supporting documentation. That is what my lawyer said we would do.
 
Thanks Ghost-Rider

Any idea about my first question

1. If the company that originally filed my GC closes after i join the another company will it affect my GC processing? (its been more than an 1.5 years since i filed for 485).
 
The only thing that matters in AC21 is your new company. The old company closing/not-closing etc do not matter at all.
HTH
 
Thanks for all the responses guys...

eadwoes i have a question for you.

You said

"Explain at the time of RFE that you have excercised the AC-21 option with supporting documentation. That is what my lawyer said we would do."

If i change my job now and then later get an RFE for employment, do i need to exercise the AC-21 at that time and then answer the RFE?. How does it work?. I am not planning on filing AC-21 now, but if i get an RFE then can i file AC21 just before answering the RFE?

Please suggest
 
Last edited by a moderator:
You are probably confused by the term "filing" AC-21. There is no filing of AC-21 in the sense you file an EAD or Advance Parole.

AC-21 is just a law that says (my words) if a candidate has a pending I-485 that has not be adjudicated for more than 180 days, he or she can change their jobs.

There is no AC-21 form that you have to file. So what I was saying was that if you get an RFE, you can answer the RFE and give them the supporting documents. Now if the RFE is employment related, you will not be able to furnish the documents from your old employer. In that case, you can furnish the new employer's documents and mention the fact that you have siwtched employers within law.

Hope this is clearer.
 
eadwoes,

That was nice... Thanks for the explanation. I thought you file an AC-21 form with INS.

Thanks
 
You must log in or register to reply here.
Top