Implications when using AC21

marlon2006

Registered Users (C)
My I-140 is approved. I-485 180 days anniversary is August 22nd 2005. My currently salary is $75,000.00

Got a job offer, similar job title/description, $90,000.00 salary.

Let's say I use AC21 to join new employer, and for whatever reason new job doesn't work out.

a) Am I eligible for unemployment benefit ? I don't think so.
b) In an emergency, could I use my EAD to work for McDonald's or a temp agency until I get an adequate job and still keep my immigration status OK ?
 
marlon2006 said:
My I-140 is approved. I-485 180 days anniversary is August 22nd 2005. My currently salary is $75,000.00

Got a job offer, similar job title/description, $90,000.00 salary.

Let's say I use AC21 to join new employer, and for whatever reason new job doesn't work out.

a) Am I eligible for unemployment benefit ? I don't think so.
b) In an emergency, could I use my EAD to work for McDonald's or a temp agency until I get an adequate job and still keep my immigration status OK ?

a. No
b. Your GC will be approved for a certain employer. Sponsoring one or the new one (if you invoked AC21). An approval means that you are expected to work for that employer for 1 year after GC in the job specified on GC application. Otherwise it might be considered as a Fraud.

Coming to McD, you can probably work there but on the day you get GC, you have to start working for either the Sponsoring company or the company you joined invoking AC21.
 
GreenCardVirus said:
b. Your GC will be approved for a certain employer. Sponsoring one or the new one (if you invoked AC21). An approval means that you are expected to work for that employer for 1 year after GC in the job specified on GC application. Otherwise it might be considered as a Fraud.

Is there any concrete rule or memo that says one should work atleast 1 year for the certain employer to whom the GC is appoved?
 
gc_4_us said:
Is there any concrete rule or memo that says one should work atleast 1 year for the certain employer to whom the GC is appoved?
This is what my lawyer told and I understood. He told that now one need not stick to a particular employer after 485 past 6 months. But one should be working in same area and in same job title. His view was that it does not matter that you send AC21 document or not but you should be able to prove that you had permanent job in same job title and similar job description when 485 was aproved and sometime after that. That may be needed in case of RFE or citizenship procesing.
For counsellor processing one still have to stick with comapny
His view was to keep job title exactly same to be safe.
 
Top