How to handle this situation!!

[kishuibm]

Can i use AC-21???
This is my situation.
I work for company called AAAA.com .This is a consulting company. But I am working as consultant to BBBB.com (Client) my 140 and 485 filed in Vermont Service center... I got EAD. 140 approved. And 485 is pending more than 180 days...so i can use AC-21.

Now BBBB.com is offering a job Called “Supplemental position”...This is basically a contract position but i get more benefits like insurance and stock option purchase plan ,group insurance stuff like that and pay roll from BBBB.com and a little raise in salary also . There is always a chance that I can become regular permanent employee of the BBBB.com when they begin Hiring . But the one I am offered is not a permanent employment its just a supplemental means 12-36 months of employment.
So can I use AC-21 here?
1)I don’t think I will get an Employment Verification letter saying that intent to hire or future employment from BBB.com. They are not promising this.

2) Can I join now and go back to my original company AAAA.com some time later???

3) Can I get some other company Employment offer letter when USCIS asks for Employment verification letter or for an RFE??


Need Experts advise please?

 

[pralay]

So can I use AC-21 here?


You can use AC-21 provided you meet followings

• it's more than 180 days since you filed your I-485.
• your I-140 is approved.
• the new job is similar (which is very likely because it's your client company).
• BBB.com agrees to make you perm employee after your GC approval.

If any of them does not apply, you cannot use AC-21.

1)I don’t think I will get an Employment Verification letter saying that intent to hire or future employment from BBB.com. They are not promising this.

That could be a problem for any potential RFE/interview if they cannot promise anything. Very foundation of GC sponsoring or AC-21 is promising to make you a perm employee.

2) Can I join now and go back to my original company AAAA.com some time later???

Yes, you can do that. But in that case AC-21 does not come to picture at all, because AAAA.com is your original GC sponsorer and you will be joining them at perm employee once you get your GC. Keep in mind that it's not required to be employed by GC sponsorer before GC approval. But for any RFE/interview both you and AAA.com has to show USCIS that you and AAA.com will establish employer-employee relationship after getting GC.


3) Can I get some other company Employment offer letter when USCIS asks for Employment verification letter or for an RFE??

The EVL letter has to come from the same company who is willing to employ you after getting GC in perm basis.


Bottomline, I would not go to that kind of complexity unless BBB.com make me perm employee NOW or promises to make to perm employee In FUTURE (atleast supporting GC process - AC-21, EVL etc).

 

[kishuibm]

Thanks Pralay..
I just spoke to my Attorney .He just simply said i can go for that .. I guess he is kinda very busy . He just listened my statedment saying that i got job from BBBB.com .He immidiately said Yes i can join and he said '' man i get you greencard .. Dont worry and kept the phone ..
this sucks !!
Anyway I am still confused .. B'cas thsi is 12-36 months supplemental position initialy and in the mean time there are great chances of gettting a permanent employement with BBBB..Dont know what to do.

 

[pralay]

Thanks Pralay..
I just spoke to my Attorney .He just simply said i can go for that .. I guess he is kinda very busy . He just listened my statedment saying that i got job from BBBB.com .He immidiately said Yes i can join and he said '' man i get you greencard .. Dont worry and kept the phone ..
this sucks !!
Anyway I am still confused .. B'cas thsi is 12-36 months supplemental position initialy and in the mean time there are great chances of gettting a permanent employement with BBBB..Dont know what to do.

"Getting a job" is different from "12-30 month supplemential position" when they cannot promise you that they are going to support your GC by providing a perm postion. Here with the phrase "supporting GC" I meant that in case if any RFE/interview they should be supportive enough (by providing EVL or any other document - for example company info for ability to pay). Keep in mind that your first priority is getting GC (I hope so).
If you said to your attorney "I got an officer", it automatically implies that your new employer is supporting your GC. Inf that is not true, you should be very clear about it with your attorney.