Is it worth the risk !!!

kewlmarc

Registered Users (C)
Hi Jim/All knowledgeable ones,
I have gone thru a number of discussions on portability using AC21.
My situation is not unique and lots of other people in the forum must be in the same dilemma.
I did my concurrent filing I 140/I485 in September /2002 and I'm yet to hear anything ab't my I140 case(No rfe)
Meanwhile I got fingerprinted and get EAD in early december.
I just came out of a project and am on the lookout for a job.
Recently I got an offer from a BIG 4 company which sounds very lucrative..
Now my question to the forum is :
Q1) If I use my EAD to join a new company while I140 is pending and its been over 180 days since the I485 receipt date,
How does INS come to know I have used my EAD and I'm not on H-1.
a) If I do not inform INS and change jobs using AC21,what are the potential risks ?
b) If in the meantime ,I get an RFE in my I 140 how do I(or my lawyer) tackle that ?
c) If I get an RFE regarding job transfer intent in my I 485 how do I(or my lawyer) tackle that ?
Q2) If I were to change states (New Jersey to New York) for employment,how will it affect my I 485.Is my case prone to a local office transfer(New York waiting time for interview - 2 yrs)
Answers to the above question are eagerly awaited.
Thanks for making the effort to answer my questions.
Good luck to u all
 
Hi,

I do not have specific answers to the questions but a general observation. Big-4 uses big lawyers with big offices and they have a high volume of interaction with the INS. Therefore, if the new company agrees to pay your remaining green card fees, I would suggest that you make the switch and let the big lawyers take care of the rest. They should know what to do, and as long as you're with the new company, they will also follow up on any RFEs etc. I have started to think that their applications get special treatment from the INS... but I'm probably wrong on that.
 
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