Here's my situation.....

[aws]

Folks,

Many of you might have read about my situation earlier and here's the update:

My I140/I485 filed on 10/21/2003 are still pending, though I have received EAD,AP, and FP cleared on 05/26/2004. I have an excellent job offer in similar field from a major automotive company, that I do not wish to loose.
Considering the controversies surrounding use of AC21 before I-140 approval, I am in a real dilemma whether to use AC21 for this new job or not.

However, I have convince and subsequently, got an assurance from my current employer that they will support my I140 even if I leave them before it is approved. I fully trust them, and this is a relief that my I140 will not be withdrawn/revoked.

Here are my Qs:

1) With the support from my current employer, can I now change jobs using AC21?
2) Down the line when my I140 gets approved, will changing my jobs before it was approved cause any problems/RFE at the I485 stage?
3) Does the CIS track dates of job change/approvals, etc?

I eagerly await your responses.
Thanks a lot!

 

[bigbadwolf]

Hi, I think your question has enough legal implications that you should chat in detail with a lawyer instead of talking to the forum. From what I understand, this is a grey area and I am not sure you will receive any coherent response from the forum unless someone has gone through exactly your situation. But even so, it could be a special case.

Best of luck

 

[octFiler]

Folks,

Many of you might have read about my situation earlier and here's the update:

My I140/I485 filed on 10/21/2003 are still pending, though I have received EAD,AP, and FP cleared on 05/26/2004. I have an excellent job offer in similar field from a major automotive company, that I do not wish to loose.
Considering the controversies surrounding use of AC21 before I-140 approval, I am in a real dilemma whether to use AC21 for this new job or not.

However, I have convince and subsequently, got an assurance from my current employer that they will support my I140 even if I leave them before it is approved. I fully trust them, and this is a relief that my I140 will not be withdrawn/revoked.

Here are my Qs:

1) With the support from my current employer, can I now change jobs using AC21?
2) Down the line when my I140 gets approved, will changing my jobs before it was approved cause any problems/RFE at the I485 stage?
3) Does the CIS track dates of job change/approvals, etc?

I eagerly await your responses.
Thanks a lot!

One of the good options for you would be to ask yor new employer to sponser h1 for you and join on h1 instead of using AC-21 and continue the GC processing with your current employer(who will be your x-employer after you change jobs). You can continue the GC process stating you would be future employer for this company again.

I was in exactly the same situation as u were now, even my 140/485 was filed on 10/21/2003 , I got damn good offer, initially i thought of changing the employers but new employer was not willing to do h1 instead he asked me join on EAD/ac-21 but i didnt want to risk it because if i join on EAD/AC-21 and if my 140/485 gets denied i will be totally out of status so i got stuck with my old employer and as you know our 140's looks like are stuck at NSC forever.

Good luck to you, Try to talk with a good lawyer before taking any decission.

Thanks,
octFiler.

 

[aws]

folks,

thanks for the replies so far, though I expected more....

the new company does not offer sponsorship at this time, but i'll try to request them to transfer my h1, as i still have 14 months left on my h1

my lawyer has a very conservative approach, she would suggest to change jobs only 1 year after receiving GC!

different lawyer had different opinion, some saying that if your current employer supports I140, then you can move on.

i am still not sure what to do....pl. keep advising. thanks again!

 

[Sabu]

my lawyer has a very conservative approach, she would suggest to change jobs only 1 year after receiving GC!

I don't agree. As per her advise, If you change the job, one year after receiving Green card, you may get into problem in getting Citizenship. So It will be very safe, if you change the job one year or two years after you get your citizenship.

Safety and Security are always first.

 

[***]

I don't agree. As per her advise, If you change the job, one year after receiving Green card, you may get into problem in getting Citizenship. So It will be very safe, if you change the job one year or two years after you get your citizenship.

Safety and Security are always first.

 

[aws]

nanshi,

thanks for the reply.

i am not at all interested nor worried about citizenship...all i need is to transition to this new job withour jeopardizing my current GC process.

what are your thoughts after reading my starter thread on this topic?
tbanks.
aws

 

[bcis]

if you want change the JOB use AC21, Naanshi already in that track with out I140 approval. If you think more about safety the U can't go about AC21 .

Folks,

Many of you might have read about my situation earlier and here's the update:

My I140/I485 filed on 10/21/2003 are still pending, though I have received EAD,AP, and FP cleared on 05/26/2004. I have an excellent job offer in similar field from a major automotive company, that I do not wish to loose.
Considering the controversies surrounding use of AC21 before I-140 approval, I am in a real dilemma whether to use AC21 for this new job or not.

However, I have convince and subsequently, got an assurance from my current employer that they will support my I140 even if I leave them before it is approved. I fully trust them, and this is a relief that my I140 will not be withdrawn/revoked.

Here are my Qs:

1) With the support from my current employer, can I now change jobs using AC21?
2) Down the line when my I140 gets approved, will changing my jobs before it was approved cause any problems/RFE at the I485 stage?
3) Does the CIS track dates of job change/approvals, etc?

I eagerly await your responses.
Thanks a lot!

 

[Sabu]

Hi Aws,
Three months back, I was in the same situation. My client wanted to hire me and my job was in trouble. Mean time I got RFE for company Financials. I consulted with my attorney and my client's attorney. Both said that it is legal to change job, after 180 days of I-485 pending. So I changed the job and later my attorney sent the reply to the RFE.

Again, like bigbadwolf posted earlier, AC21 is highly confused area and nobody knows for sure which one is correct or which one is wrong. I took the risk because I don't want to be without job with the old employer.

My take in this is that as long as the law is not clear, we can take advantage.

1. Try to talk to the new company, get some time for joining and pray to the GOD to help your case approved soon. If the new company is not willing, then talk to their immigration dept and find out what they think about your case (Using AC21 before I-140 approval). If they say there is no problem, then it is upto you to decide. (Always remember, in the major companies, their immigraion department will make 100% sure that they are not hiring any foreign nationals illegally)

2. I don't agree with your attorney. Looks like to me that your attorney is still in 1990s, not in 2004. She is not aware of the I-485 cases, which got approved after the applicant changed employers after 180 days.

3. If you don't want to take any risk, then leave this offer and work with your current employer. If you do that, my feeling is that you may realize one day what you did was wrong.


Finally the purpose of AC21 law is that after 180 days, the I-485 applicant is free to work with any employer and nobody should be able to control him/her.

As of today, Nobody can answer your questions correctly, because the AC21 law itself is not clear. It is upto you to decide.

Talk to some good attorneys.


naanshi.

 

[aws]

naanshi,

thanks buddy for a meaningful reply.

looks like we share the same way of thinking..like praying god, ready to take a certain amount of risk in life, etc.

due to the fact that my current employer is ready to support me even after I quit them, I am going to move to this new "dream job" even if my I140 does not get approved before 07/31/04.

i'd like to talk to u personally..you can reach me at: caeengg@yahoo.com
thanks again!

 

[Sabu]

aws,

My sincere advise to you (whether you listen it or not, that is different) is to talk to new company Immigration department and discuss all your issues with them. After that you decide what to do next.

Do not follow what I wrote earlier, without discussing with attorneys and then sue me later for that, if some thing was not correct.

I will contact you soon.

naanshi.

 

[bcis]

if your current employer is ready to support your GC then what's the issue?

naanshi,

thanks buddy for a meaningful reply.

looks like we share the same way of thinking..like praying god, ready to take a certain amount of risk in life, etc.

due to the fact that my current employer is ready to support me even after I quit them, I am going to move to this new "dream job" even if my I140 does not get approved before 07/31/04.

i'd like to talk to u personally..you can reach me at: caeengg@yahoo.com
thanks again!

 

[aws]

bcis and naanshi,

thanks for the replies.

BCIS --While my CURRENT employer will support me as stated earlier, i am slightly wary about CIS finding out at a later stage that I changed jobs before I40 approval.

Naanshi: The slight problem is that the NEW employer is not offering sponsorship of anykind at this time, however, they said they will provide documents as needed, i.e., new employment letter to support my move using AC21, EAD renewal, etc. They will probably NOT file new I140 for me, but will provide documentary help.

i now think i should take a chance and join them..do u agree?
thanks!

 

[registrationid]

aws,
My attorney had mentioned around a year ago that if the 140 and 485 is pending (filed concurrently) for more than 180 days, it might be still fine to switch jobs as long as the previous employer is accomodating and understanding enough to answer any queries from the USCIS and does not withdraw the 140. Before you switch make very sure that your previous (140 petioning) employer understands the responsibility on their shoulders in case they have to answer any queries. Most employers ( managers) agree to helping but do not (want to) understand the complexities of an immigration process. So make sure the petitioning employer understands what they might face. Also, the petitioning employer should not under any circumstances use your 140 for some other employee's petition. Sometimes, some employer do this inadverdantly due to their lack of understanding of the process.
All the best and trust in your instincts and belief. Remember whatever happens, happens for the best.
Cheers.

 

[Sabu]

aws,
Before you switch make very sure that your previous (140 petioning) employer understands the responsibility on their shoulders in case they have to answer any queries. Most employers ( managers) agree to helping but do not (want to) understand the complexities of an immigration process. So make sure the petitioning employer understands what they might face.

Very Good Point!!!

 

[kclee60]

Hello Nanshi,

Can you give me your email address? I have something I need to discuss with you regarding my I140 that was denied due to edu. eval filed at NSC and subsequently re-opened following an appeal. My online status states that it will take 30-60 days since March 04 and no updates since then. I did my FP in Feb 04.

My email address: kclee8@yahoo.com

Thanks

 

[bcis]

Please track at following location about your appleal
http://boards.immigrationportal.com/showthread.php?t=133912

Hello Nanshi,

Can you give me your email address? I have something I need to discuss with you regarding my I140 that was denied due to edu. eval filed at NSC and subsequently re-opened following an appeal. My online status states that it will take 30-60 days since March 04 and no updates since then. I did my FP in Feb 04.

My email address: kclee8@yahoo.com

Thanks