GKNair
Ginnu,
Providing information with half knowledge could be fatal to other people. It is not me but you who should be checking the facts before suggesting someone. By posting a link to murthy website doesn't mean that it's the final declaration on AC21 law. I guess you are not even aware that it was the same Sheela Murthy you recently posted a new article about the cases involving future employment and how INS is handling them lately. This is what she said in her recent posting:
"Although the AC21 doesn't differentiate between cases filed by current employers and future employers to count the 180 day period, lately the mood at INS has changed after 09/11. Now they are expecting the beneficiares to join the prospective employer as early as possible, once their EAD is approved. Though it is not required as a policy to join the prospective employer before GC, I would strongly recommend that the applicants join the prospective employer upon getting the EAD, to avoid further queries at a later stage. Applicants should keep in mind this new trend of INS in adjucating the I-485 sponsored by prospective employers".
Now, there is a colleague of mine who was in the same situation, working for one company all the time while his case was sponsored by another employer. His case was transferred to local Chicago INS office. When he was finally called for the interview after 20 months from I-485 filing, he was specifically asked about his current employment status with the sponsoring employer. He produced a letter from the sponsoring employer stating that he will be joining them after GC. This made the officer to hold the stamping and told the applicant that his case needs further review. It's been 2 months since his interview was done and no sign of approval yet.
One more thing, my case is under the same category too. I got my EAD recently and my lawyer cautioned me twice (email & letter) as well as the sponsoring company to move me onto their payroll very soon and I am doing the same starting Jan 2003, until I get my GC.
Infact, my I-140 processing was very unusual. The same INS Nebrasaka center wasn't sure that the sponsoring company has the ability to pay $65000 salary for me while they approved another case from the same company (filed after me but approved before mine) for $87000 salary. The company financial documents submitted were the same. They send an RFE and then approved my case. If you go by laws, then both of them should be rejected or approved with no RFE. My lawyer told me later that it all depends on the officer who interperts the laws.
Mr. Nair,
It's upto you to be on the safe side or take chances, irrespective of what AC21 or something else says. It is wise to follow the trends in INS processing.
Ginni
If you suggest someone, always encourage them to be on the safe side. You might have seen cases that were approved without the applicant joining the sponsoring company before GC. That's only because of the nature of the officer who is handling the case. Not everyone will be lucky but onething we all can do is to be on the safe side. Lately, there were many arrests in CA for the special registration program for some nationals. Some of the arrested people are having EAD, AP and pending I-485 petitions. None of those laws came to their rescue. Now, some of them are in deportation proceedings. Think about that before quoting laws to advising people here to change employers based on AC21 laws. Good luck.
