Have not invoked AC21 on new employer any problems ?

W

waavman

Registered Users (C)
Here is a background on my immigration status.

My GC was filed through emp A in EB3 .
My 485 was applied in Jun 2007.
I switched to emp B in Jun 2008. At that time I invoked AC-21 and filed G28.
In Apr 2010 I switched to emp C. However I have not invoked AC-21 that I have switched from emp B to emp C yet since I am not sure how long I will be with C.
My 485 adjudication priority date is Oct 2002. Currently USCIS is processing Apr 2002. So I am only a few months away.
I have informed Emp B that if they receive any correspondence from USCIS that they notify me about it and they have assured they would definitely do that even though I am not their employee anymore.
1) Now my question is when my 485 gets adjudicated in a few months time, since I still have not invoked an AC21 for switching from B to C, will that be a problem since USCIS currently have only my AC21 from A to B on file ?

2) Meanwhile I am not on talking terms with employer A since they were not happy with my switching over to employer B in 2008. From this stage going forward , is there anything I would be dependent on employer A for, with respect to my GC processing ?

3) At the time of my 485 adjudication will USCIS by any chance contact employer A for any reason or documents. I am just asking because since I didnot leave A on good terms they might try to jeopardize my GC proess if USCIS contacts them by providing some false information etc.

Kindly let me know

thanks
waavman
 
waavman said:
Here is a background on my immigration status.

My GC was filed through emp A in EB3 .
My 485 was applied in Jun 2007.
I switched to emp B in Jun 2008. At that time I invoked AC-21 and filed G28.
--when you say filed G28 it means you filed AC21 request through Lawyer or Lawyer filed your AC21. If you Directly update USCIS to invoke AC21 Then no need of G28. FYI you an revoke the G28 filed by Lawyer any time writing to USCIS.

In Apr 2010 I switched to emp C. However I have not invoked AC-21 that I have switched from emp B to emp C yet since I am not sure how long I will be with C.

My 485 adjudication priority date is Oct 2002. Currently USCIS is processing Apr 2002. So I am only a few months away.

I have informed Emp B that if they receive any correspondence from USCIS that they notify me about it and they have assured they would definitely do that even though I am not their employee anymore.

----- Employer B has not filed your I-485. I-485 belongs to You. if your or comany B lawyer sent G28 then revoke the G28 by writing to USCIS and request USCIS to send any documents to you Directly on your home address........ on letter write your Name, DOB, A#, I-485 filing receipt number, sign the letter with date. make request to revoke the G28 filed by lawyer XYZ and write to USCIS that lawyer XYZ no more represent you.
1) Now my question is when my 485 gets adjudicated in a few months time, since I still have not invoked an AC21 for switching from B to C, will that be a problem since USCIS currently have only my AC21 from A to B on file ?
---- update the USCIS with job offer letter of C and invoke AC21 again. FYI the USCIS has updated what is "same/Similar job and read that before sending AC21 letter of C to USCIS.
2) Meanwhile I am not on talking terms with employer A since they were not happy with my switching over to employer B in 2008. From this stage going forward , is there anything I would be dependent on employer A for, with respect to my GC processing ?
---- if I-140 is approved and I-485 pending more then 180 days then you are eligible for AC21. FYI 04/07/2011 USCIS has updated FAY for same/similar job and try to read that
3) At the time of my 485 adjudication will USCIS by any chance contact employer A for any reason or documents. I am just asking because since I didnot leave A on good terms they might try to jeopardize my GC proess if USCIS contacts them by providing some false information etc.
----- if I-140 is approved USCIS has nothing to do with A.
Kindly let me know

thanks
waavman
Click to expand...

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But my primary concern is the following:

I donot know how long I will be with employer C. It could be a few months. So I donot want to invoke AC21 right now indicating that I have switched from B to C.
In the meantime if somehow while I am still with C, if my 485 gets adjudicated, will there be a problem because I have not invoked AC21 for switching from B to C.
What would USCIS do in such a case if they find out that I am currently with C ?

thanks
 
waavman said:
But my primary concern is the following:

I don't know how long I will be with employer C. It could be a few months. So I don't want to invoke AC21 right now indicating that I have switched from B to C.
-------- if your I-485 gets approved while you are working with C then your I-485 will get approved on the job offer letter of B and you should go to B after I-485 gets approved. If you file AC21 now with C job offer letter and I-485 gets approved on the base of job offer letter of C then you should work with C

In the meantime if somehow while I am still with C, if my 485 gets adjudicated, will there be a problem because I have not invoked AC21 for switching from B to C.
----then go back to B as your I-485 is approved on job offer letter of B
What would USCIS do in such a case if they find out that I am currently with C ?
-------------- In few cases they have send NOID or RFE. if they send NOID then you will spend more money by paying to lawyer and more delay.

thanks
Click to expand...
I will update USCIS with employer C letter and invoke AC21 if I want to work with C after I-485 approval.
You can talk to your lawyer for more info.
 
This is not the case. If he has moved to employer C then the I-485 will be approved on that basis. The alien does not need to notify USCIS of a job change.
 
AC21 issue.

Guys,
Here is my situation..Highly appreciate any comments/suggestions.

Company A Filed I-140, I-485 (EB3) in Aug 2007
I-140 approved in Feb 2009.
I Left Company A and joined B in Feb 2009 (after around 16 months of filing), No notification to CIS regarding this.
Left Company B and joined C in March 2010, Again No notification to CIS regarding this.

Employer A went out of business sometime last year.

I heard of a few cases where employer went out of business and an RFE was sent on approved I-140. since there was no one to resposnd (out of business), they revoked the approved I-140. Since I-140 was revoked, hence the I-485 was denied as well. This is the scariest part for me. Not sure what should I do ? in this particular situation where employer A is no longer on the horizon, should I inform CIS about the job change or not?
 
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