I've seen a number of people get their GC recently where they've started working for a new company prior to getting the GC and they haven't applied for AC-21.
The conventional wisdom up to now has been that you should apply for AC-21 if you think that your former employer (the original sponsor for the I-140) might revoke it, otherwise deal with AC-21 if/when you are issued a NOID (which is probably unlikely).
But, what happens down the road when you go to apply for citizenship or if the USCIS does a followup on your case (although this is probably unlikely).
As far as the USCIS is concerned, you got your GC to work at the original company (A). Unless you have records showing that you started at the new company (B) before getting the GC, they're not going to be able to tell whether you left A after getting the GC (which you aren't supposed to do for 6-12 months, in theory). Furthermore, it sounds like you could be in the position of proving (potentially 6+ years later) that the job at B actually qualified for AC-21 (i.e. was similar to the job for which the original LC / I-140 was done).
To me, it sounds like this might be a good reason to apply for AC-21 before getting the GC. Either that or you'll have to keep records that will show that the job change was allowed, possibly for 6+ years, or take a chance that this issue never comes up...
Any thoughts on this?
Also, what are the drawbacks, if any, of applying for AC-21:
#1: Filing it obviously involves some time and effort (can most people do this themselves, or is a lawyer needed?).
#2: This might involve the new company which can be somewhat of a negative if they don't want to deal with providing the USCIS with information
#3: I'm guessing that applying for AC-21 could make it more likely that you get an RFE / case transferred to local office so they can interview you?
ETA
The conventional wisdom up to now has been that you should apply for AC-21 if you think that your former employer (the original sponsor for the I-140) might revoke it, otherwise deal with AC-21 if/when you are issued a NOID (which is probably unlikely).
But, what happens down the road when you go to apply for citizenship or if the USCIS does a followup on your case (although this is probably unlikely).
As far as the USCIS is concerned, you got your GC to work at the original company (A). Unless you have records showing that you started at the new company (B) before getting the GC, they're not going to be able to tell whether you left A after getting the GC (which you aren't supposed to do for 6-12 months, in theory). Furthermore, it sounds like you could be in the position of proving (potentially 6+ years later) that the job at B actually qualified for AC-21 (i.e. was similar to the job for which the original LC / I-140 was done).
To me, it sounds like this might be a good reason to apply for AC-21 before getting the GC. Either that or you'll have to keep records that will show that the job change was allowed, possibly for 6+ years, or take a chance that this issue never comes up...
Any thoughts on this?
Also, what are the drawbacks, if any, of applying for AC-21:
#1: Filing it obviously involves some time and effort (can most people do this themselves, or is a lawyer needed?).
#2: This might involve the new company which can be somewhat of a negative if they don't want to deal with providing the USCIS with information
#3: I'm guessing that applying for AC-21 could make it more likely that you get an RFE / case transferred to local office so they can interview you?
ETA