GURU's HELP...Spoke to attorney..485 approved sponsor company shut down

[616athem]

GURUS Pl. HELP...Spoke to attorney..485 approved sponsor company shut down

I have an approved 485. I applied concurrently in the EB1(outstanding researcher) category and my company was shutdown after 8 months of filing. Now I am working for a different company and did not get a chance to send AC21 letter before the 485 approval, since the approvals (140/485) were concurrent (Aug 04). The situation is further complicated since I am leaving my current employer and starting a new job next month. I was wondering if there would be any problem during the citizenship. I spoke to my attorney and she has suggested filing the AC21 after starting with the new employer. Furthermore she advised me to go ahead for stamping. I am not sure if filing AC21 is such a good idea since AC21 is relevant only until 485 is approved. They said that the issue may come up during the citizenship. As far as I know, after 485 approval the person should go back to the sponsoring employer to work indefinitely or have an intention to go back. In my case I would love to go back, but the company does not exist anymore. What do you guys think? Please respond. My current feeling is not to file AC21 since that may mess up things.

I would be thankful for any suggestions.

616athem

 

[ekurian]

I would have to agree with your gut feeling.
You may not want to complicate things further by filing AC21.
Live worry free for the next 5 years. Take it up at the time of filing citizenship.

Good luck

 

[ar888]

You can not invoke AC-21 after 485 approval. And you have a valid argument for not working for the sponsered employer.

 

[616athem]

Thanks for the reply. What are the implications if you fall under AC21 but do not send the letter to inform INS, since it is not mandatory?

You can not invoke AC-21 after 485 approval. And you have a valid argument for not working for the sponsered employer.

 

[tammy2]

Thanks for the reply. What are the implications if you fall under AC21 but do not send the letter to inform INS, since it is not mandatory?

Changing the job itself invoking AC-21. Inforing to BCIS just a formality.
Some people on the forum argue that informing BCIS is AC-21.
Hope someone will clarify that.

 

[sb_tiger]

AC-21 is the provision that lets you change jobs while 485 is pending. If you are approved- nothing matters. If you currently have a job- carrry an employment letter for stamping- generally never asked.
If you are stamped- just move on.
The issue that there may be some complication during citizenship is an overblown hoax- at least in my opinion.