Completing 6 months. Invoke AC21 ??

G

gambler

Registered Users (C)
Need your suggestions.
I am working at a clients place which is in a remote area. Closest Desi shop is 80 miles through solid snow. Life is very depressing here. Pay is good though. Dont know the future of the project but no immediate danger.
I am definite that I will move out of here, the only doubt is whether should I move now and invoke AC21 or wait it out till final approval.
My RD is June 02 so I dont expect approval anytime before Aug/Sep 03 if not later and without RFE.
Thinking of spending another year here is 2 depressing and again I do not have any surety from the client about the project.
Should I start trying to get a job in this depressing job market ??
 
I would like to get the green card in hand unless I am laid off but thats just me ( always over cautious). If I am laid off - of course I will have to try and find a similar job and use AC21.

I know its very hard for most of us to stay with the sponsoring company - but a little hardship now will probably be the safest thing to do.
 
gambler,

Ask yourself if you want to stay in your current location for another 1-1/2 years. Not one year.

The reason is that for future safety one generally needs to stay with their sponsoring employer for about 6 months after GC is approved. This 6 months is like the minimum recommended period. The reason is that down the road when you are either (a) Renewing your GC or (b) Obtaining Citizenship you will have an interview with the INS. During your interview once they learn how you got your GC, they will ask you how long you stayed with your sponsoring employer?

If you invoke AC-21 now, you also make sure that once you get your GC with a new employer, you stay with THAT new employer for at least 6 months.

The bottom line is if you are going to legally jump ship now via AC21, then jump carefully. Because once your GC gets approved you are also stuck with that employer for at least 6 months.
 
wherezgc:

You may be wrong in AC21 issue. Once you leave your spnsoring employer using AC21, things are not clear about this good faith period. The new employer is not going to do anything when it comes to sponsoring GC. So, there is no good faith period with the new employer as well as the old sponsoring employer once you invoke AC21. This is my opinion.
Correct me if I am wrong..
 
I think the way INS interprets AC21 is based on YOUR (the petitioner's) intention. INS is always big in intention.
If they discover that it is your intention to leave the company before the GC gets approved, you *could* have problems during the interview.

But if you use AC21 because you get laid off, then there's no choice - you have to find a new job. In this scenario, I don't think the INS will bother you, so long as the new job is in the similar position AND your petition has been pending adjudication for more than 180 days.
 
roran

roran,

Check the Murthy Bulletin from 3 weeks ago. During their "What people are asking this week" section, Murthy talked a bit about this.

She said we don't know things clearly yet. She said both of these could be possible but to assume the first option if you want to be on the SAFE side for now:

(1) Your AC-21 employer becomes your sponsoring employer. You need to show "good faith" to this employer and stay with them for 6 months. (or at least intend to).

(2) You become free-agent once you invoke AC-21.

I think your argument that the AC-21-employer didn't invest a dime in your GC can be used for arguing (2). But as Murthy said we just don't know what the final regulations will say. And hence sticking to option (1) for now, will keep you safe no matter what happens.
 
Spouse job also a good reason for AC21

I think if the spouse job who is not a primary applicant for GC change, i guess that good also be a good reason to use AC-21 for the primary applicant even if he/she does not get laid off..

What do you guys think?/..
 
vigneshbabu:

I don't understand what you are saying.
Spouse(who is not a primary applicant) does not come into AC21 picture at all.
 
what I meant to say was

I'm the primary applicant for GC. My husband was on H1 and he used his EAD and got job at a different place than mine.. So Now I'm thinking of using AC21 to move to his place with the same job description.

Hope I'm clear right now..
 
You can use AC21

anytime if your case is not adjuncated witihin 180 days. But, be careful not to jump service centers, otherwise you will be inviting trouble by unnecessary delay due to transfers between centers.
 
they are people are struggling for jobs . for time being wait until u get ur GC , as long as u dont have any problem in ur job . offcourse if they laid off then u have to see some other job. till then stick with company for a while .later u can go

good luck
 
My suggestion

Perfectly said canus_immi and roran too..

My suggestion, find a job which is to your liking and as per your LC and then leave the present job and take up the new one.

In this economy a bird in hand is "really" worth two in the bush..

Good Luck
 
Nope, I can't take it any more

I decided to use AC-21 to be with my husband becoz of this Damn GC, From the time we got married we were not together.. And we used to be, are now weekend couples(I guess in a way it's good...lol).. But I don't think i can take it any more.. We already crossed one year of anniversary and i want to be with my husband for my second anniversary atleast..

Enough with GC.. I found where my happiness is and it is with my husband.. So I'm going after that..

Thanks a lot guys for all your support and funny threads..

Forgot.. I don't think i have to struggle for the job where my husband is becoz of my skillset.. So I'm not worried abt getting a new job...
 
Last edited by a moderator:
Go Ahead - the law allows it , so why not do it

gambler/vignesh

I am in the same boat, due to some problems, I am also seriously thinking of changing my job under AC21 rule. Trust me, I've spent quite many gut wrenching days, pacing empty corridors trying to make this decision. But I think I am over it, I think I have strenthened my resolve enough to go ahead with this, and with my life. Since the law makes an allowanc for it, why cower, why not go ahead and make use of it, if it makes our lives better.

Yes, I was also concerned about rocking the boat for no reason, but man I also can't take it no more. Same dilemma though, nothing wrong with my job as such, just not what I want.
 
Re: You can use AC21 (Roran more info please!!)

Originally posted by roran
anytime if your case is not adjuncated witihin 180 days. But, be careful not to jump service centers, otherwise you will be inviting trouble by unnecessary delay due to transfers between centers.
Click to expand...

Hey Roran, can you please provide more info on this. I actually posted the same question in another thread AC21 Service Center Change Question Thread

Can u please provide more info on this, either in this thread, or the linked thread above.
 
Thanks

All of you certainly did help. How, I dont know ?
Yes I agree that if I stick with present employer it will be for another 18 months. That is unthinkable. I am pretty sure that if I dont quit now the contract will most probably end in another 3-4 months.
The only decision which looks imminent is 2 switch jobs if I do find one.
Thanks for all your valuable advice.
I however still do not get what does it mean by switching service centres ? How can I do that ?
I believe that if I applied for 485 AOS to Vermont my case is going to remain in VSC now forever even if I go out of the country.
The only way it can get transferred is if there is something called as a form for AC21 which I would fill up and then request for a service change.
And BTW if you move to the West Coast from the east you can always live on an adress of any friend/relation who is under the Vermont Centre.
Looking forward to some brain storming from all of you on this.
 
gambler:

I spoke about this a while ago to an immigration attorney (different then company attorney).

He said the risk becomes real when you change service center regions AND you get an RFE/local transfer. Under the worst case say you live in Boston and got a local transfer. But say you've moved to Los Angeles and have been working there. What can happen after months of waiting for your interview is that the Boston INS agent can say "sorry I can't adjudicate your case" and throw your file to CSC. That may add another 2 years to your case he said.

Frankly I am not clear what happens if no RFE. Of what happens if it's only and RFE and not local transfer. Maybe with RFE even if you send paystub and address change form from Los Angeles it will be Ok. But I don't know.

Maybe someone else on the board can enlighten us.
 
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