Enough is enough. Taking the AC21 chances, should I ?

[puerthoughts]

Hi Friends,

I have been waiting in the line for long time and i think now it is enough. My PD is 30 APR 2001 and i have my last FP done on 1/25/2007. One of my friend told me that you will see some action in coming 2 months. I have not gotten anything.

I am in a project from past 3 years at the same company and now they want to hire me full-time. Do you think that i should wait a little longer before i take the AC21 or it does not hurt to take the AC21 ? According to the law i have to be there with my sponsoring employer(that SOB) for at least 6 months after the I485 is approved. I am looking at another 9-12 months with that guy. I am in a fix here, should i just wait till i get the card or move right now in this very good position and file AC21.

Can anyone share what is the documetation needed for the AC21 from the new employer, old employer and from my side? What are the risks of AC21 ?

I hope this gives me some positive inputs.

 

[saras76]

No law ..

Hi Friends,

I have been waiting in the line for long time and i think now it is enough. My PD is 30 APR 2001 and i have my last FP done on 1/25/2007. One of my friend told me that you will see some action in coming 2 months. I have not gotten anything.

I am in a project from past 3 years at the same company and now they want to hire me full-time. Do you think that i should wait a little longer before i take the AC21 or it does not hurt to take the AC21 ? According to the law i have to be there with my sponsoring employer(that SOB) for at least 6 months after the I485 is approved. I am looking at another 9-12 months with that guy. I am in a fix here, should i just wait till i get the card or move right now in this very good position and file AC21.

Can anyone share what is the documetation needed for the AC21 from the new employer, old employer and from my side? What are the risks of AC21 ?

I hope this gives me some positive inputs.

puerthoughts,

Since your PD is current it might be a good idea to wait for a bit longer. That being said, you should not hesitate to invoke AC-21 if this opportunity will not last for long. Also, there is no written law that you have to work for the current employer for 6 months post GC. There is a lot of confusion about this and most lawyers just state that to be on the safe side one should keep working with the current employer for atleast 6 months. The problem supposedly occurs at the time of citizenship because they may question the fact that you left your GC sponsoring employer after you got your GC.

Good luck.

saras

 

[techy2468]

do you know for sure that your name/security/background/orwhatever check has been completed??

if not....it can take upto 1.5 years...

since your pd is current did you get in touch with uscis to get case status??....can you please update me what their response was??

 

[Jackolantern]

puerthoughts,

Since your PD is current it might be a good idea to wait for a bit longer. That being said, you should not hesitate to invoke AC-21 if this opportunity will not last for long. Also, there is no written law that you have to work for the current employer for 6 months post GC. There is a lot of confusion about this and most lawyers just state that to be on the safe side one should keep working with the current employer for atleast 6 months. The problem supposedly occurs at the time of citizenship because they may question the fact that you left your GC sponsoring employer after you got your GC.

If anything I think it would be better to join the new employer now and then work for them for 6+ months, rather than waiting for the GC then leaving the old employer right after. That way you can say that you stuck with the employer (the new one) who provided your job at the time your GC was approved.

 

[puerthoughts]

do you know for sure that your name/security/background/orwhatever check has been completed??

if not....it can take upto 1.5 years...

since your pd is current did you get in touch with uscis to get case status??....can you please update me what their response was??

Hi Techy,

I contacted them 3 weeks back about the status about my case and they did the "usual" entry of sending me the letter saying that they will review the case and send me the response within 30 days.

I hope that they come up with an approval on my case in short time. I am not aware of my name being stuck in the security checks since i did get all the FP notices as i should have so i assume that it is working as a normal (i know that being a normal case in USCIS means that you are atleast waiting from past 5 yrs.).

Thanks.

 

[guldukan]

I used AC21 and changed company twice my PD is july 2002 EB3 India, there is no point in waiting.

since then my salary has increased my 40%,

but I am still in good terms with my old employer and make sure he does not revoke my I-140.

your case, you seem to be so close if you could wait for few more days you should consider it.

besides, did you try to contact USCIS to enquire about your case after PD become current,

 

[puerthoughts]

There is a lot of confusion about this and most lawyers just state that to be on the safe side one should keep working with the current employer for atleast 6 months. The problem supposedly occurs at the time of citizenship because they may question the fact that you left your GC sponsoring employer after you got your GC.

Saras,

I also found that if you are asked that question about your switch at the time of citizenship i can always provide them with the reason of higher pay and better company.

Also what kind of paperwork i should gather if i wanted to invoke AC21. Do they ask you all the paystubs and IT return from your past 8 yrs (as i have heard from other people)?

thanks,

 

[puerthoughts]

I used AC21 and changed company twice my PD is july 2002 EB3 India, there is no point in waiting.

since then my salary has increased my 40%,

but I am still in good terms with my old employer and make sure he does not revoke my I-140.

your case, you seem to be so close if you could wait for few more days you should consider it.

besides, did you try to contact USCIS to enquire about your case after PD become current,

Guldukan,

I am also thinking of waiting for some time. It is just this AC21 that i never got good information so i wanted to know more about it, just in case !

Also how you can tell your old employer to not invode the I-140 ? Why should he help anyone since you are leaving him ?

What kind of paperwork you filed for the AC21 ?

thanks for your answer. It gives me some hope that i have a chance to leave my old SOB employer.

 

[guldukan]

check out I-485 issues forums on AC-21 you will find lot of info , I consulted qualifed attorney and he took care of all my paper work, yes it costed me boatload of money but you itz worth it for peach of mind.

AC-21 is a LAW so you are safe on using it, having your employer not revoke 140 is something good to have not a neccessary thing.
but make sure you consult a good attorney before doing anything

but did you try contact your local senator and have them enquire about your case since your PD is current,

Guldukan,

I am also thinking of waiting for some time. It is just this AC21 that i never got good information so i wanted to know more about it, just in case !

Also how you can tell your old employer to not invode the I-140 ? Why should he help anyone since you are leaving him ?

What kind of paperwork you filed for the AC21 ?

thanks for your answer. It gives me some hope that i have a chance to leave my old SOB employer.

 

[techy2468]

you better double check with them......ask them if you security and background check has been completed.

i am not sure if multiple FP means you are out of this namecheck hellhole

 

[puerthoughts]

you better double check with them......ask them if you security and background check has been completed.

i am not sure if multiple FP means you are out of this namecheck hellhole

Techy,

Would they know that information right away ?

 

[saras76]

Approach Congressman

Techy,

Would they know that information right away ?

puerthoughts,

If you do not get approved within the next 30 days and receive some generic update from the USCIS then I suggest that you approach your local Congressman and ask him/her to inquire into your case. It is not a sure fire method but people have had success through congressman (a lot depends on the congressmans willingness and staff).

Also, if you do find that you are stuck in Security checks then click on the following threads and you will find a wealth of information on Security Check issues -

http://www.immigrationportal.com/showthread.php?t=207707&referrerid=58220

good luck,

saras

 

[techy2468]

Techy,

Would they know that information right away ?

i insisted on knowing whats holding my case.....the rep was pretty adamant about giving info...

so try to get in touch with a rep.....and ask her to see if your namecheck and background check and security check has all been completed............if they have been then its a matter of couple of months.....