Joining the sponsoring company after I485 approval?

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sanam9696

Registered Users (C)
My previous employer (who filed for labor and I140) is willing to provide support letter for filing I485(Job: Project Engineer). I am not working with them. At what point I should join my previous employer and how long, I should work for them. If I485 remains pending for 6 months and if my current employer (MBA, Fin Analyst), provides a support letter, with job description similar to my position with previous employer (even though my current job is totally different job), would I be able to invoke AC21? or it is not required at all, because right now I am not working with the I485 sponsoring company.

Appreciate your reply. For your information, I have given my event sequence.

Apr03 - Came to US on H1B (Project Engineer), B.E., Employer-A (H1B - May'02 to May'05)
Aug04 - Started MBA, while working for Employer-A
Nov04 - Labor (EB3) was filed by Employer-A
May05 - Employer-A filed extension of H1B (May'05 to May'08)
Jun06 - Finished MBA and joined Employer-B (totally different job description)
Feb07 - Received approval for labor filed by Employer-A, they supported my request to file for I140
Apr07 - Received approval for I140
May07 - joined Employer-C (MBA, Financial Analyst), will initiate labor process next month
 
In a similar situation, expect I have accepted jobs in the same company (different legal entity). My start dates is July 1st. I am moving on a Financial Analyst to a Finance Manager position. My company told me that if I file my I140 from old job, I need to come back to my old job at the time of the receipt of the Green card. However, in doing so, my case is not “clean” and I will open myself to enhanced scrutiny.

As for your question “would I be able to invoke AC21? Or it is not required at all, because right now I am not working with the I485 sponsoring company”. I believe you can invoke AC21 By virtue of your 485 pending for more than 180 days. In fact I was given these links by Ginnu. It mentions that you can even move employers prior to 180 days.

http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrele...ntrm122705.pdf
http://www.uscis.gov/files/pressrele...ntrm051205.pdf
http://www.usvisahelp.com/nw_vol4_iss7.html

Source: Ginnu

What is your lawyer saying? I am considering getting a paid consulation on this. I will share whatever I learn.

Thanks!
 
pxkuma said:
In a similar situation, expect I have accepted jobs in the same company (different legal entity). My start dates is July 1st. I am moving on a Financial Analyst to a Finance Manager position. My company told me that if I file my I140 from old job, I need to come back to my old job at the time of the receipt of the Green card. However, in doing so, my case is not “clean” and I will open myself to enhanced scrutiny.

As for your question “would I be able to invoke AC21? Or it is not required at all, because right now I am not working with the I485 sponsoring company”. I believe you can invoke AC21 By virtue of your 485 pending for more than 180 days. In fact I was given these links by Ginnu. It mentions that you can even move employers prior to 180 days.

http://www.shusterman.com/pdf/ac21-51205.pdf
http://www.uscis.gov/files/pressrele...ntrm122705.pdf
http://www.uscis.gov/files/pressrele...ntrm051205.pdf
http://www.usvisahelp.com/nw_vol4_iss7.html

Source: Ginnu

What is your lawyer saying? I am considering getting a paid consulation on this. I will share whatever I learn.

Thanks!
Click to expand...


I am in a kind of similar situation.
I used to work for company A, who filed my LC/I140. I resigned for that company and joined comapny B. Then the I140 of comapny A (EB3) got approved.
Now the dates are current. (Mean while after joining co B , we filed an EB2 LC and 140 which got denied).

Now co A will give me a job offer letter . If I file 485 thry co. A and if that 485 remains pending of 180 days can I invoke AC 21 at that time. (though I left company A 1 year before filing 485)
Point #2 in the attachement 4 above from Usvisahelp.com has some concerns regarding intent of hiring back/joining back. Will this be a problem.
Please shere your views/experiences

Thank you
GC Chakkar
 
Let's say...in your case Employer A - for whom you guys no longer work - is still willing to give job offer letter for filing I485...

Why is Employer A giving Job offer letter? USCIS trusts employer A that you, as an employee and Employer A intend to engage in permanent employment....
In fact, Employer A has 180 days...at his discretion....if Employer A suspects you do not intend to join him, he can revoke your I140 before 180 days expire...

After 180 days expire, Employer A has shown his intent to hire you guys...then as per AC21 - legally, if you guys get a similar job offer - you guys can change your intent to join any other Employer B....

USCIS assumes that it's a similar job offer based on the Job Offer letter....USCIS does not have the means to validate the Job Offer duties...
I believe they trust the employer's words....I guess!

So, the answer is yep....you guys can get away with AC21...but remember Employer A can force you to join during the first 180 days...for 485 filing...
 
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