Need Help - AC21 Usability

C

ccs

Registered Users (C)
I have filed I-485 on Feb 2002. Its been over 19 months since I filed it.

Now I will be joining to the Client as full-time employee in the same classification of job in a week

My sponsoring company's Attorney says that it is not advisable to join to other compay. Client company's attorney says it is not a problem. I thought we could use AC21 to do this without any problem. Cliet is a fortune 100 company.

I am in a confusion status. Please shed some light on this guys.

Thanks.
 
AC-21

ccs,

First do a research on AC-21 by yourself in this forum and in other immigration sites. Especially the last AC-21 MEMO. USing this, you can change a job under AC-21. AC-21 is not a law yet but a lot of cases got approved; some got denied; the thing with USCIS is that they have the upper hand in this as in other areas of immigration law. Years from today (citinzenship?) they MAY and they legally CAN come back and say your GC had some kind of a fraud. That is the nature of AC-21 wrt to changing jobs. Even if you become a citizen THEY have the right to come back and re-examine.
As far as the Immigration Lawyers, the US has about 8000 of them and their opinions differ regarding AC-21. Basically it is your own choice.
 
Re: AC-21

Originally posted by cinta
AC-21 is not a law yet but a lot of cases got approved; some got denied;
Click to expand...

Cinta,

Have you seen any cases denied based on AC21? Any details?
 
Only AC21 denial cases I know of are due to revocation of the underlying I-140. I don't know of any denials based on new job not being "similar enough". Cinta ?
 
ccs,
Don't worry about AC21. Since you passed 180 days after 485 reciept date, you are fine.

Currently job market is real tough. I would say join in client company and don't apply AC21 right away. In case if you get RFE apply AC21 along with it.
 
you can join

just make sure your job description is close to what you have on your LC. I also joined my client after about 14 mnths. Got aproved recently without RFE or transfer. Did not inform BCIS and old company lawyer said it was ok not to inform and also to switch.
If you can get your employer to not use/revoke your I140 that would be best. BCIS is aproving cases from feb so you should be close if you want to wait it out.
But the ultimate decision still lies with you. Best of luck.
 
Thank you all guys..
That why I love this site..

I have been asking client to continue me as a consultant for last 6 months.. don't know now if they let me continue a consultant. GC path involves so much emotional feelings. Oh God!

Initially I thought, America is a dream place. If you can dream.. dreams will be fulfilled. But now, it’s all bureaucracy as we have seen in our motherland. What an Irony?
 
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