GC has just arrived. Am I screwed?

[frozenlife]

Few months ago the whole premise of a question like that would seem ridiculous to me but now it appears that this is what my (former) immigration attorney firmly maintains.

I had the I-485 pending and 140 approved and about 15 months after that the sponsoring employer went out of business. I was out of a job for awhile and then landed a job in a similar position in the same industry and region. I have been going back and forth with my now former imm. attorney about how safe AC21 is and whether or not it is better to wait for an RFE to file AC21. Then, of course, they wanted $2,000 to file AC21 which I did not have being out of job for awhile etc.

So, all of a sudden the GC is here (PD is not even current albeit close) and no chance to file AC21 anymore. My (former) attorney is saying that as soon as I apply for citizenship, the first thing they'll ask is the proof of employment at the sponsoring company and will revoke my GC (and derivatives?) for the lack thereof.

Now, all of the rumblings above were to simply ask if there has been an established precedent for handling citizenship applications AFTER the AC21 has come into effect in 2002. Since before 2002 you could not change jobs anyways, asking for proof of employment would be an easy way to fail somebody if none can be produced. It is probably not so straightforward now.
I mean, if the very first beneficiary of the AC21 provisions has received his GC after changing the job in 2002, he would have waited until 2007 to apply for citizenship. Thus, some data has probably become available this year, given it's November already.

If you have any relevant info, please chime in here.

 

[TheRealCanadian]

My (former) attorney is saying that as soon as I apply for citizenship, the first thing they'll ask is the proof of employment at the sponsoring company and will revoke my GC (and derivatives?) for the lack thereof.

Your former attorney is full of crap. If you were employed in a "same or similar" job when your I-485 was approved, and it was pending for over 180 days, you are fine.

$2,000 to file an AC21 letter? That's laughable.

 

[frozenlife]

Your former attorney is full of crap. If you were employed in a "same or similar" job when your I-485 was approved, and it was pending for over 180 days, you are fine.

$2,000 to file an AC21 letter? That's laughable.

Well, it's kinda hard to shop this around given that the attorney is listed in my case and all. And yes, I did think it's a bit excessive and that was another point of contention delaying my decision to file.

In any case, I can't find anything more concrete in the Yates memorandum about filing the AC21 letter than

"It is expected that the alien will
have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed."

No timeframe, no obligatory language ("shall submit in 30 days" or anything like that). So, basically, will I have a point to argue if this gets brought up against me come citizenship application interview time?

 

[TheRealCanadian]

Well, it's kinda hard to shop this around given that the attorney is listed in my case and all.

It's a free country; just because you have an attorney listed doesn't prevent you from seeking a second opinion.

And yes, I did think it's a bit excessive and that was another point of contention delaying my decision to file.

Good.

So, basically, will I have a point to argue if this gets brought up against me come citizenship application interview time?

In a nutshell, yes. From what I've seen of AC21 cases progressing to the N400, USCIS continues to take a broad view of AC21. With that said it's better to have evidence of your qualifications under AC21 and not need it, than to need evidence and not have it. Save this in your immigration file and enjoy your freedom.

And while you're at it, thank your attorney for his so-called service and tell him that nothing further will be required.

 

[MI_NonRIR]

TheRealCanadian - you seem to be a knowledgeable guy

I'm planning to switch my job soon and here is my status:

1. EAD card was issued in July, 2007
2. I-140 was approved on 3rd week of May, 2007
3. I-485 was sent in June but USCIS RD is July 13, 2007 and still pending

So, if I want to use AC21, should I count my 180 days from I-140 approval date or should start from July 13, 2007 date or should I use my I-485 sent date of June, 2007?

Please advise.

 

[frozenlife]

I will thoroughly enjoy it

Save this in your immigration file and enjoy your freedom.

Thanks, TheRealCanadian! You have a way of bringing a peace of mind I am badly in need of right now.

 

[sgoranov]

I'm planning to switch my job soon and here is my status:

1. EAD card was issued in July, 2007
2. I-140 was approved on 3rd week of May, 2007
3. I-485 was sent in June but USCIS RD is July 13, 2007 and still pending

So, if I want to use AC21, should I count my 180 days from I-140 approval date or should start from July 13, 2007 date or should I use my I-485 sent date of June, 2007?

Please advise.

You count 180 days from the I-485 receipt date. You may switch jobs even earlier but in case your I-485 is approved before the end of the 180 days, it will be a problem that you are not working for the sponsoring employer. If I were you I would wait 180 days before switching jobs and, then, I would inform USCIS about the new AC21 job. Make sure that you keep the same job description to avoid any possible complications.

 

[frozenlife]

You count 180 days from the I-485 receipt date. You may switch jobs even earlier but in case your I-485 is approved before the end of the 180 days, it will be a problem that you are not working for the sponsoring employer. If I were you I would wait 180 days before switching jobs and, then, I would inform USCIS about the new AC21 job. Make sure that you keep the same job description to avoid any possible complications.

Well, that's the thing. I guess, I am still confused whether or not the fact that I did not notify them about the change even though I worked for the sponsoring employer way more than 180 days after I-140 has been approved will make it a fail point come citizenship application time. Or is it assumed that I can switch jobs (involuntarily in my case) once 180 days had passed regardless of the notification?

Also, if any of you guys can respond to my desperate cry for ideas about RFE time extension, please post in this thread:
http://www.immigrationportal.com/showthread.php?p=1823676

 

[TheRealCanadian]

I am still confused whether or not the fact that I did not notify them about the change even though I worked for the sponsoring employer way more than 180 days after I-140 has been approved will make it a fail point come citizenship application time.

There's no need for confusion. USCIS has repeatedly said that aliens are "expected but not required" to notify USCIS about a job change prior to I-485 approval. You will be fine.