I485 Approved... should I have to go back to my old employer ?

F

football

Registered Users (C)
Hi,

I got my GC approved. I feel happy but at the same time I feel sorry for the people who applied earlier than me and still waiting for their approval. I pry God that their GC approval should come soon.

I have one quick question.

I applied for Labor and I-140 form company 'A'. I changed to company 'B' .My I-140, that, I applied while I was with company 'A', got approved. I applied for I-485 while I am with 'B'. In fact in I-485 application (Biographic Information) I mentioned that the latest company I am working for is company 'B'.

I never submitted AC21. My I-485 got approved.

Now, since I have never used AC21 technically, should I go back and work for company 'A' ? I have a stable job at 'B'. What is the legal obligation to me ?

Please give your advice/opinion.

Thanks,
Football

ND: Jun 2002.
 
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Congrats on the approval.
I will be in the same both hopefully soon.
Applied for Labor thru Comp A in Apr01
Changed to company B in May01
Changed to Company C in Dec01
Labor approved in Apr02.
Applied for 140 thru CompA (although I was not working from them)
Applied for 485 in Sept02 (when the new rule for applying 485 when 140 is pending came). Both in 140 and 485 clearly specified that I am currently working for CompC but the GC is for future employment with CompA
140 approved in June03
Got an RFE in Jan04 asking when I left CompA and do i have a fulltime/permanent offer with comp C - probably asking if my intent has changed or something.
Resoponded that currently working with CompC but the intent is still to work for compA.

No response on RFE Yet. I hope my GC also gets approved soon.

My lawyer informed that I will have to work for CompA when my GC gets approved. Also the AC21 does not really fit in my case as I was not working for A when my 485 was applied - not sure if he is right.

My argument is: if you can change the intention to work for the sponsoring employer after 180 days of 485 pending, then why not just the day before your gc is approved(if that is after 180 days...and u did not have any time to let INS know about your change of intent and apply for AC21)...

Technically I think you need not work for Comp that sponsored your GC once it is 180 days already...IF the new employment is in the same catagory/pay/etc etc which are valid for AC21. anyway Iam not an expert...this is just my analysis.

Hope exprets agree on this...so that I can be more confident when my turn comes.
ALL THE BEST FOR YOU.
 
Football,
Your GC is approved with the assumption that you will work for company A (ex employer) after getting GC. Since GC is for future employment, they did not bother if you are not working for them at the time of I485 application. AC21 does not apply to you. It only applies to people who leave their sponsoring employer six months after I485 is filed. Since you did not work for the sponsoring employer(the company through which you got I140 approved) after the I140 approval, you can't make use of AC21.
The conclusion is : you must work for company A (your sponsor) for some time after getting the GC. When you have to join them and how long you have to stick with them are not defined, but if yu don't work for them, then you might face problems during citizenship. If you don't care about citizenship, then don't care about this issue. Otherwise think about working for your sponsor in near future.
 
dsatish,

don't scare people on the board. AC21 does apply to future employment case:
The beneficiary has never worked for sponsoring company.
 
Thanks.

Thank you guys especially nrajesh, unitednations, LCSilence and dsatish for you opinion.

I am going to call my Lawyer and take their advice.

"140/485 is for future job. At the filing you have to have "intention" of joining the petitioning employer (A).

After six months of having 485 outstanding "intention" can change. You don't need to have the intention of going back to "a" any longer."

I agree with unitednation's above statement.

AC21 applies to my case also as pointed out by LCSilence. I have a memo (in PDF) issued by USCIS that I saw in this forum that says, AC21 applies even if the benificiary never worked for the sponsoring company.

Now the tricky question is, lets say the employer had the intention to employ the benificiary at the time of I485 filing but the circumstances have changed since then and the employer is not in a postion to hire the benificiary after I485 approval, but the benificiary has the intention to go back to the sponsoring employer. In such cirumstances what is the leagal obligation for the benificiary ? If the benificiary get a letter from the sponsoring employer stating that the company is not in a postion to hire. Does it change the postion ?

nrajesh hopefully your approval will come very soon and also for others who are waiting to see their approval.

-Football.
 
question.

What if Company A went out of business after filing 485 by 10 months????

My friend's company A went out of business and joined another company B and never submitted AC21 and already got approved!!!!
 
Future Employment Case.

Hi
I am in the same boat too. My case is very similar. Labor and I140 approved When I was with company A. Changed job to Company B
(Becos of a communication gap, I came to know that my I140 was approved when I was still with Company A!!! Bad luck... Otherwise, I would have filed for I485, waited for 6 months and used AC21 to switch the job..anyway, that's history now!).
Due to delays with Labor in company B, filed for I485 using my private lawyer based on future employment offer from company A in Oct2003.
I only wish I don't get any RFE's. But, suppose I get an RFE, can I file AC21 notifying change of my intentions (abt the sponsor) after the RFE?
Would that cause any harm? My Job with Company B is quite stable. Or would it be bette rif I file AC21 now?
Any suggestions from you guys would be really appreciated.
 
LCSilence said:
dsatish,

don't scare people on the board. AC21 does apply to future employment case:
The beneficiary has never worked for sponsoring company.
Click to expand...

-- AC21 also applies to future employment. True. But only if you have invoked it before I485 approval.
 
Is it mandatory to notify the INS about job change through AC21?

Is it mandatory to notify the INS about job change through AC21? My 140 got approved and 485 application has also passed 180 days, planning to switch the job. I'm asking this question because one of my friend switched his job and did not notify the INS, but his case recently got approved without any RFE. He switched his job 7 months back. Any advice will be appreciated.

Thanks.
 
pv1976 said:
-- AC21 also applies to future employment. True. But only if you have invoked it before I485 approval.
Click to expand...

That's exactly what i have meant. AC21 aplies for cases where a person has changed jobs 6 months after filing the I485 and before the I485 approval.
How ever i am not an expert on complicated cases like this. The fact that you have never worked for the sponsoring company after the I140 approval, makes this a slightly complicated case. The employment letter you have submitted from compamny B at the time of applying for I485, does not qualify your case for AC21 because you have not crossed 6 months barrier at that time. Your case is approved as a future employment category case. As some people said, we can argue that intentions change (the company A may not be in a position to make good offer) . In fact most of the people do not work for the sponsoring employer after getting the GC. They all hinge on the hope that employment is a dynamic world and intensions change over a period of time. You just need a good answer at the time of citizenship. That's all.
 
dhi_img said:
Is it mandatory to notify the INS about job change through AC21? My 140 got approved and 485 application has also passed 180 days, planning to switch the job. I'm asking this question because one of my friend switched his job and did not notify the INS, but his case recently got approved without any RFE. He switched his job 7 months back. Any advice will be appreciated.

Thanks.
Click to expand...

No need to inform INS unless you receive an RFE.
 
All gurus:

What happens in the case where company decided to subsitute labor after
1-40 approval and 180days of 485 filling.....I know a case where original compnay has subsitute the labor after 140 approval and 485 pending more than 180 days.The orginal emploee left the compnay after his 1-40 approval and filed the 485 from the new company.Meanwhile the orginal compnay has subsituted his labor.The INS has rejected his 485 but he filed the motion for reopen.Can the compnay do that?
 
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Status of this people in this thread

Hello football and nrajesh,
I am kind of same boat here... but unable to see your status in this thread... What heppened to your cases???
football -- what did you do? are u still working with B or went back with A

nrajesh -- did you get approval?

Guys please post your status guys ... will appreciate your input...
 
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