GC based on prospective employment

[GKNair]

Hi all,
I have a question regarding prospective employment. I was working for Company A and they started processing my GC. After I-140 got cleared, I took leave of absence for some family reasons and they resumed processing 485 based on prospective employment. If I join another company B with the same job description, can I use the AC-21 and show company B's emp letter or still I have to produce letter of prospective employment from company A at the time of emp RFE/GC stamping?
If i am not working at that time and if comp A is not willing to give me the emp letter, is it okay if I can get a letter of future employment from a startup company which has only 10 employees? Does the size of the company matter?

Thanks.

 

[ginnu]

Originally posted by GKNair
Hi all,
I have a question regarding prospective employment.
I was working for Company A and they started processing my GC. After I-140 got cleared, I took leave of absence for some family reasons and they resumed processing 485 based on prospective employment.
If I join another company B with the same job description, can I use the AC-21 and show company B's emp letter or still I have to produce letter of prospective employment from company A at the time of emp RFE/GC stamping?
----- if I-140 is approved AND I-485 is pending more than 180 days you can use AC21 if you join new employer and submit new future Permanent job offer letter+ your intent change letter to USCIS, if you remain with A no need of AC21 or new letter from A .if they need letter from A they will let you know if you want to work with A after GC, they may only ask new letter from A if you want to remain with A if your case is transfred to local USCIS office for interview.
If i am not working at that time and if comp A is not willing to give me the emp letter, is it okay if I can get a letter of future employment from a startup company which has only 10 employees? Does the size of the company matter?
--- it means you want to use AC21 and want to work with new company after I-485 approval, you will need the new letter from new company and the risk for this kind of company is that USCIS may ask company financial documents to prove the ability to pay the wages after GC is approved. small company is riskey as they may not be able to satisfy USCIS for the ability to pay.

Thanks.