Current in April - whether to use AC21

CurrentInJun07

Registered Users (C)
Folks,

My PD is Aug 2003 (EB2 India) and I filed I-485 in June 2007.

I was about to accept a very good perm offer on EAD. Now, I am confused whether to take the risk of making the change on EAD as I am current in April.

Looking for tips/suggestion.

Thanks in advance.
 
I didn't

I had the same thoughts last month, and decided to wait. I would ratehr stay with my old company for extra 2-3 months (have been working for them since 2003), than raise a red flag on my AOS application.
good luck
:)
 
Folks,

My PD is Aug 2003 (EB2 India) and I filed I-485 in June 2007.

I was about to accept a very good perm offer on EAD. Now, I am confused whether to take the risk of making the change on EAD as I am current in April.

Looking for tips/suggestion.

Thanks in advance.

I don't know what holding your feet, but if you have filed I485 over 180 days and I140 approved. Your AOS petition is yours to own.
 
See, this is the confusing part.

I do not know if this is still true, but back in the day I heard that when you apply for citizenship, they would ask you how long you worked for your sponsoring employer AFTER you received the GC.

With that in mind, it seems now that if you leave your sponsoring employer prior to receiving your GC, that will not present a negative image on your citizenship application as the AC21 rule allows you to do so.

However, say you leave your sponsoring employer a month or two after receiving your GC, that might be frowned upon during citizenship application time?

Maybe I am overthinking this a little too much...:confused:


Stoned!
 
Folks,

My PD is Aug 2003 (EB2 India) and I filed I-485 in June 2007.

I was about to accept a very good perm offer on EAD. Now, I am confused whether to take the risk of making the change on EAD as I am current in April.

Looking for tips/suggestion.

Thanks in advance.

All depends on the offer; if you do not foresee a similar offer in coming months then it is better to move on. You are safe anyway ... BTW - please note that for all employment based GCs it is necessary to stick to the sponsoring employer for some time.
 
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BTW - please note that for all employment based GCs it is necessary to stick to the sponsoring employer for some time.

What is this "some time" exactly? Some time AFTER you receive the GC, or some time overall? A lot of us have spent over 5 years with the sponsoring employer, but none of that counts if we leave two months after receiving the GC?


Thank, Stoned!
 
I am in the same boat

Folks,

My PD is Aug 2003 (EB2 India) and I filed I-485 in June 2007.

I was about to accept a very good perm offer on EAD. Now, I am confused whether to take the risk of making the change on EAD as I am current in April.

Looking for tips/suggestion.

Thanks in advance.
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AC21 - Priority Date.
I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 28, 2007 .at this stage if I change company what is the impact on my GC approval. Your advices are appreciated.
Should I wait for some more time to join the new company?
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AC21 - Priority Date.
I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
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Sounds like you have made your choice since the new company is already processing your H1.
 
See, this is the confusing part.

I do not know if this is still true, but back in the day I heard that when you apply for citizenship, they would ask you how long you worked for your sponsoring employer AFTER you received the GC.

With that in mind, it seems now that if you leave your sponsoring employer prior to receiving your GC, that will not present a negative image on your citizenship application as the AC21 rule allows you to do so.

However, say you leave your sponsoring employer a month or two after receiving your GC, that might be frowned upon during citizenship application time?

Maybe I am overthinking this a little too much...:confused:


Stoned!

Well, you have not got your GC yet, right? So, you fell into the AC21 bucket if you change your job.

Some said, if you execrise AC21 and got GC, it is good to work there for at least 6 months to play safe.

My personal says... If I can change job even I am in I485 pending over 180 days, why not changing job when I got my green card...? (Only my personal opinion). My approach is simple. If I got the green card soon, I will stay at least 6 months as I like my new company so far (execrise AC21 3 months ago).
 
You'd better move now than later. pd current only means you might be approved however you don't know if the data might regro. back again or how long it takes for them to give you a card. once you have card, you have to wait anther 6 months to move. now Ac-21 gives you all the rights to go. Good luck
 
What is this "some time" exactly? Some time AFTER you receive the GC, or some time overall? A lot of us have spent over 5 years with the sponsoring employer, but none of that counts if we leave two months after receiving the GC?
I think the "some time" starts when the I-485 is filed, as that is the point when you declare your intention to work for the employer indefinitely. None of the time before that counts, as that time would generally have been spent in a status that is temporary by definition.

But then the next part of the debate is time spent before the green card (but after I-485 filing) vs. time after the green card. I think both are important, but the more you do of one is the less important the other becomes (e.g. if you worked 2 years post-I-485 filing, then left after 3 months post-GC, you are probably in much better shape than somebody else who never worked for them pre-GC and left after working for 4 months post-GC.).

Of course, for the 1000th time ... without a court case or memo or legislation that specifies some clear criteria, we are only shooting in the dark. Sooner or later there will be such a case, and naturalization applicants who left too soon based on the criteria may find their applications routinely denied.
 
Another concern I had was my application getting delayed because of AC21. Is this true?
It is possible, if the employer sent a request to revoke the I-140. Upon receiving the revocation request, USCIS would likely send an RFE or NOID to you, then you have to wait to receive it, respond to it, and wait for them to process the response. All of that back and forth can use up a couple months of time. Without that revocation request, they might have approved your application during that time.
 
My PD became current 2 months ago(EB3 Dec 2003, Rest of the world). I am living in Canada. my I140 approved. I have applied for CP. How long do you think will take time toll we go for interview.
 
CP times are very consulate-dependent but are usually less than 6 months, provided that you don't have anything else like security checks delaying your case and your PD remains current during that time. Contact the consulate and ask them what their average wait time is for your type of application.

And your PD did not become current 2 months ago; it only became current in February. In January it was published that the EB3 ROW date would move into 2005, but that visa bulletin did not become effective until February.
 
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CP times are very consulate-dependent but are usually less than 6 months, provided that you don't have anything else like security checks delaying your case and your PD remains current during that time. Contact the consulate and ask them what their average wait time is for your type of application.

And your PD did not become current 2 months ago; it only became current in February. In January it was published that the EB3 ROW date would move into 2005, but that visa bulletin did not become effective until February.

Thanks alot for your advise
 
Some lawyers seem to suggest that with the new AC21 rule, not staying with the company after getting the green card is not a problem. Is this true?
 
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