Filed I-485 with old employer - can I use AC 21 in 180 days?

A

anneap

New Member
Hi,

I need to decide what to do next.

History:
Worked for company A, have approved LC and I-140 (EB-3) - Approved May 2006
Company A agreed not to revoke I-140 so I could keep PD and re-file
Switched to company B in May, right after I-140 approval
Dates became current for July
Company B is no no particular hurry to start my GC (too much bureaucracy, slow)

I spoke to company A and they gave me an offer to join them again. This was in the very last days of filing before August 17, so I had no time to think at all - filed I-485 with approved I-140 and offer letter on the last day.

Now I wonder what I should do next -

1) Go back to company A and work for at least 180 days. If I go back it will probably be at least a year the way work is structured over there. Company A is not really willing to wait for me for a long time, so if I intend to come back, I need to do it soon.

2) Stay with company B, wait 180 days (with all the filings received in July and retrogression I-485 will definitely not be processed by then). Then send AC 21 letter saying the B is my new sponsor (B will give me a letter since it is much easier than to do the whole process).

I would like to do 2), but I am afraid of questions regarding my intent and problems if I don't go back to work for A now. On the other hand, I may be in retrogression for another 4-5 years and I don't think I will stay with A that long, so eventually I would have to use AC 21 anyway.

Please let me know if 2) is acceptable or if I should really go back to work for the sponsor at least for now.... How do I prove intent if I don't go back? What RFEs/issues might I have? Will this hurt GC and citizenship? Is this a very risky option?

Also, A did not cancel my H1b, can I go back to them without filing any other paperwork?

Please advise. Thank you so much.
 
anneap said:
Hi,

I need to decide what to do next.

History:
Worked for company A, have approved LC and I-140 (EB-3) - Approved May 2006
Company A agreed not to revoke I-140 so I could keep PD and re-file
Switched to company B in May, right after I-140 approval
Dates became current for July
Company B is no no particular hurry to start my GC (too much bureaucracy, slow)

I spoke to company A and they gave me an offer to join them again. This was in the very last days of filing before August 17, so I had no time to think at all - filed I-485 with approved I-140 and offer letter on the last day.

Now I wonder what I should do next -

1) Go back to company A and work for at least 180 days. If I go back it will probably be at least a year the way work is structured over there. Company A is not really willing to wait for me for a long time, so if I intend to come back, I need to do it soon.

2) Stay with company B, wait 180 days (with all the filings received in July and retrogression I-485 will definitely not be processed by then). Then send AC 21 letter saying the B is my new sponsor (B will give me a letter since it is much easier than to do the whole process).
------------------------ you can do that if A dont revoke I-140 before I-485 pending hits 180 days
I would like to do 2), but I am afraid of questions regarding my intent and problems if I don't go back to work for A now.
-------------------GC is for FUTURE job after I-485 approval. Intent is not problem at this time. Problem is if A revoke I-140 Before pending I-485 hits 180 days

On the other hand, I may be in retrogression for another 4-5 years and I don't think I will stay with A that long, so eventually I would have to use AC 21 anyway.

Please let me know if 2) is acceptable or if I should really go back to work for the sponsor at least for now....
----------------------Not a must. one can be working with B and A can file LC, I-140 then you can file I-485
How do I prove intent if I don't go back?
---------------at the time of filing I-485 you have the Intent to work with A AFTER I-485 approval. what is the problem?

What RFEs/issues might I have?
------------------RFE can be for any missing document and if get any RFE then reply

Will this hurt GC and citizenship?
Is this a very risky option?
------------------------- if A does not revoke I-140 before the I-485 pending hit 180 days you are safe and will be eligible for AC21. you know the employer A and take the risk of working with B or if you think A is not going to revoke I-140 then you will be safe
Also, A did not cancel my H1b, can I go back to them without filing any other paperwork?
--------------------if A h1 is valid you can join them and can talk to A company lawyer
Please advise. Thank you so much.
Click to expand...
-----------------------
 
My problem is that the offer does not say anything about I-485, or GC process, or intent to employ upon approval of I-485. It is simply an regular offer, to join the company at a mutually agreeable time (the verbal exchange indicates it needs to be asap). It does spell out title, duties, and salary, but nowhere does it mention GC sponsorship. Moreover, it mentions 2007-2008 year in a couple of spaces throughout the letter, so the offer is really to start working asap.

I told company A why I am seeking to interview with them again (July filing opportunity), but they seemed to think that I will need to be working with them for my case to be approved, and so gave me the offer right away. They do not know I filed the paperwork for I-485.

They will not revoke I-140 as top HR officer promised that to me when I left. However, if they ever find out that I filed I-485 based on the offer I did not accept, I feel there will be trouble. I hope they don't accuse me of dishonesty or anything like that, and damage my GC case.

Also, if I am ever called for an inteview at the local office, how to I prove I intented to join employer if I never did after I-485 filing? what might be the reason? I can't think of arguments, but this thing alone spells trouble for bona fide intent on my part.

Maybe all these are just fears and I don't understand how AC 21 works, but I am scared and do not want to jeopardize my GC. At the same time, I have much better career potetial at B. So it is very difficult to decide, especially that I already set things in motion by filing I-485.
 
anneap said:
My problem is that the offer does not say anything about I-485, or GC process, or intent to employ upon approval of I-485. It is simply an regular offer, to join the company at a mutually agreeable time (the verbal exchange indicates it needs to be asap). It does spell out title, duties, and salary, but nowhere does it mention GC sponsorship.
-------------but they filed LC and I-140 and your I-485 rests on the I-140

Moreover, it mentions 2007-2008 year in a couple of spaces throughout the letter, so the offer is really to start working asap.

I told company A why I am seeking to interview with them again (July filing opportunity), but they seemed to think that I will need to be working with them for my case to be approved, and so gave me the offer right away.

They do not know I filed the paperwork for I-485.
-----------------then dont inform them you filed I-485 and after I-485 pending hits 180 days invoke AC21
They will not revoke I-140 as top HR officer promised that to me when I left. However, if they ever find out that I filed I-485 based on the offer I did not accept, I feel there will be trouble.
I hope they don't accuse me of dishonesty or anything like that, and damage my GC case.

Also, if I am ever called for an inteview at the local office, how to I prove I intented to join employer if I never did after I-485 filing?
--------------------- At local office give new employer job offer letter and invoke AC21
what might be the reason? I can't think of arguments, but this thing alone spells trouble for bona fide intent on my part.

Maybe all these are just fears and I don't understand how AC 21 works, but I am scared and do not want to jeopardize my GC. At the same time, I have much better career potetial at B. So it is very difficult to decide, especially that I already set things in motion by filing I-485.
Click to expand...
------------- all depends if A does not revoke I-140 before 1-485 pending 180 days, if they dont revoke you are fine.
 
Similar situation

Gurus,

I have a similar situation. I am with employer A and filed my 485 in Aug'07. I am getting a very tempting offer from employer B(management position). I know I can not use AC21 before 180 days and therefore I told my current employer(A) to not to cancel my I-140(I have an approved I-140). They have agreed and are very willing to cooperate(as they see an opportunity of extending their business with me in future).

My question is regarding AC21. Lets say after 180 days I want to invoke AC2. In that case would USCIS ask for my recent paystubs from employer-A or look at my start date with employer-B ?

Not sure what all documents are required for AC21. Please help.
 
atyagi73 said:
Gurus,

I have a similar situation. I am with employer A and filed my 485 in Aug'07. I am getting a very tempting offer from employer B(management position). I know I can not use AC21 before 180 days and therefore I told my current employer(A) to not to cancel my I-140(I have an approved I-140). They have agreed and are very willing to cooperate(as they see an opportunity of extending their business with me in future).
-----------------------
My question is regarding AC21. Lets say after 180 days I want to invoke AC2. I

n that case would USCIS ask for my recent paystubs from employer-A or look at my start date with employer-B ?
-----------------------they will ask letter of B with same/similar job duties. they may not ask for pay stubs if they ask you should provide from B
Not sure what all documents are required for AC21.
1 Cover letter to make request for AC21 with your Name, I-485 filing reciept #, DOB, A# your address and your signature
2 new Employer B Permanet job offer letter with same/similar job duties
3 Copy of I-485 filing reciept
** why you want them to ask? you can invoke AC21 by sending the documents to service center where I-485 is pending
Please help.
Click to expand...

**management position may create problems if your LC or I-140 was not for management position
 
Although I have heard that GC is for future employment and AC21 can be invoked even if you have never worked for that employer, I'm yet to see any one who actually used the AC21 for future employer. If you one of those gutsy person please post your experience.
Also experts please advice, what are the risks invoved in invoking AC21 in situations. What if your AC21 is rejected?
 
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