Need your opinion in taking a crucial decision

H

HaraKad

Registered Users (C)
Guyz,

My PD is April 30th 2001 (EB3-India). I am fed up of this endless wait and considering invoking AC 21 since I have got a very good offer.

What would you guyz advise? Since the EB3 dates have moved to April 8th, is it worth waiting for a couple of more months?
My worry is that even after the PD has become current not many EB3 cases are getting approved....hence i am in a dilemma.

Please do share your opinion/advice/experience. I know that the final decision lies with me but it would be very helpful to get some valuable inputs regarding this issue.

Thanks for your time.
 
If you still have time left on non immigrant visa (like h1) then there is very less risk.Even if something goes wrong with ac21 temporarily, you can still continue working on h1 .Eventually everything willl work out (assuming you meet all ac21 conditions)
If you dont have time left on h1, then it depends on your realtionship with employer. If you think that they will not revoke your approved 140 , then using ac21 should be a safe bet.
 
arbit007 said:
If you still have time left on non immigrant visa (like h1) then there is very less risk.Even if something goes wrong with ac21 temporarily, you can still continue working on h1 .Eventually everything willl work out (assuming you meet all ac21 conditions)
If you dont have time left on h1, then it depends on your realtionship with employer. If you think that they will not revoke your approved 140 , then using ac21 should be a safe bet.
Click to expand...

H1 expired long ago....so i guess its very risky to move now.

However thanks for sharing your views.
 
HaraKad said:
Guyz,

My PD is April 30th 2001 (EB3-India). I am fed up of this endless wait and considering invoking AC 21 since I have got a very good offer.

What would you guyz advise? Since the EB3 dates have moved to April 8th, is it worth waiting for a couple of more months?
My worry is that even after the PD has become current not many EB3 cases are getting approved....hence i am in a dilemma.

Please do share your opinion/advice/experience. I know that the final decision lies with me but it would be very helpful to get some valuable inputs regarding this issue.

Thanks for your time.
Click to expand...

If the offer is good, go ahead & use AC-21.

AC-21 is totally safe as long as you are working in same / similar / progressive profession. I have seen only very few cases (1% or less) got issues due to AC-21. Most people I know changed job one or more than one times without any issues using AC-21

H1 or No H1 does not make any difference at this stage
 
arbit007 said:
If you still have time left on non immigrant visa (like h1) then there is very less risk.Even if something goes wrong with ac21 temporarily, you can still continue working on h1 .Eventually everything willl work out (assuming you meet all ac21 conditions)
If you dont have time left on h1, then it depends on your realtionship with employer. If you think that they will not revoke your approved 140 , then using ac21 should be a safe bet.
Click to expand...

EVEN IF they revoke I-140 AC-21 is still applicable & Old Employer can do nothing. There are not that many conditions to meet in AC-21. If I-485 is pending for more then 180 days & new job is same / similar, no one can touch you.
 
Hi GP111/ Gurus.

Thanks for your helpful comments.

I am in a similar situation. My wife started using EAD (her employer would not sponsor H1), but she has to move to a different city.

I'm thinking of searching for new job in that city, but I still have some lingering doubts/fear about using AC21. My wife's career is totally dependent on the EAD and I would not do anything to jeopardize it. But at the same time the situation of us living in 2 far off cities is also not good. I have past 180 days since 485 application and have 140 too approved.

Would you still recommend invoking AC21 considering the factors above.



gp111 said:
EVEN IF they revoke I-140 AC-21 is still applicable & Old Employer can do nothing. There are not that many conditions to meet in AC-21. If I-485 is pending for more then 180 days & new job is same / similar, no one can touch you.
Click to expand...
 
Even I had same fears about using EAD.
The trouble starts if your employer revokes I-140.
Then USCIS can send Intent to Deny which you can respond by sending AC-21 papers. For me, it was unnecessary hastle becuase I still had some time left on my H1. If you are sure that your employer will not touch approved I-140 application, then using EAD should be OK. Otherwise it is all luck....
 
WhyThisDelay said:
Hi GP111/ Gurus.

Thanks for your helpful comments.

I am in a similar situation. My wife started using EAD (her employer would not sponsor H1), but she has to move to a different city.

I'm thinking of searching for new job in that city, but I still have some lingering doubts/fear about using AC21. My wife's career is totally dependent on the EAD and I would not do anything to jeopardize it. But at the same time the situation of us living in 2 far off cities is also not good. I have past 180 days since 485 application and have 140 too approved.

Would you still recommend invoking AC21 considering the factors above.
Click to expand...

In my case my PD is April 30th 2001 (EB3) and as of June the PD is April 8th 2001.
Thats where the dilemma lies...

AC 21 as such has been used by many people and there r no issues. My worry is if I need to go through this AC 21 process at all after coming so close....

Btw, there is a seperate section on AC 21 in this portal. Please do check it out.

Good luck!
 
HaraKad said:
In my case my PD is April 30th 2001 (EB3) and as of June the PD is April 8th 2001.
Thats where the dilemma lies...

AC 21 as such has been used by many people and there r no issues. My worry is if I need to go through this AC 21 process at all after coming so close....

Btw, there is a seperate section on AC 21 in this portal. Please do check it out.

Good luck!
Click to expand...

In fact, I think there is biigger risk in moving after getting GC than before (using AC21).
Basically, when you move, send a letter to USCIS stating your intent to invoke AC21 rule, and provide details of your new job, title, pay, location. Get a letter from the new company where the job functionality is remarkably similar to the one you've been doing so far.
Once you do this, the new company inherits the approved 140.
You can do this multiple times until your GC is approved. Once your GC is approved, you have to stay "permanently" with the company you're with when your GC got approved. At least the USCIS intends that you should, since that was the intent of the GC =>future employment.
"Permanent" can mean 1 year, 3 years, 5 years....remember H1 is a temporary work visa, and that's issued in 3 year increments...

Take care.
 
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