Not Filing AC21 and Still Safe

S

Sun07

Registered Users (C)
I have been reading all these threads and it is scary to send in AC21 especially in my case. Moving from Programmer Analyst to Project Manager.

What if I don’t file AC21 and I have good relations with current employer and I go work with them for 3-6 months on GC approval? Even if my sponsoring employer refuses to take me on payroll once my GC approval, can I not take the position that I tried in good faith to go back to work for my GC sponsoring employer and they did not offer me employment? (That would be good for me actually)

Is that not safe? I then don’t need to worry about same or similar occupation until my GC is approved. I can pretty much become an astronaut and fly out to on a space mission to Pluto?
 
Sun07 said:
I have been reading all these threads and it is scary to send in AC21 especially in my case. Moving from Programmer Analyst to Project Manager.

What if I don’t file AC21 and I have good relations with current employer and I go work with them for 3-6 months on GC approval? Even if my sponsoring employer refuses to take me on payroll once my GC approval, can I not take the position that I tried in good faith to go back to work for my GC sponsoring employer and they did not offer me employment? (That would be good for me actually)

Is that not safe? I then don’t need to worry about same or similar occupation until my GC is approved. I can pretty much become an astronaut and fly out to on a space mission to Pluto?
Click to expand...

Do you or the new company pay tax? If yes, your information is of changing job is in there. Don't supprise that USCIS will know those information (All goverment agency can access them since they are kind of public for them).

If they ask about the new job in RFE, what does your new company answer? They will write Project manager or programer? Think about that.
 
Sun07 said:
I have been reading all these threads and it is scary to send in AC21 especially in my case. Moving from Programmer Analyst to Project Manager.

What if I don’t file AC21 and I have good relations with current employer and I go work with them for 3-6 months on GC approval? Even if my sponsoring employer refuses to take me on payroll once my GC approval, can I not take the position that I tried in good faith to go back to work for my GC sponsoring employer and they did not offer me employment? (That would be good for me actually)

Is that not safe? I then don’t need to worry about same or similar occupation until my GC is approved. I can pretty much become an astronaut and fly out to on a space mission to Pluto?
Click to expand...
Even it is safer for your employer "not to revoke" your I140, because
USCIS/DOL are still investigating companies who revoke, substitute beneficiaries, and it will continue in future as well. Good employer never revokes, so never gets into trouble, I believe.
 
My point is very different here.

GC application is for futue employment. So while my GC application is pending all I need is to maintain status while in US, which I would if I am employed.

When my GC is approved, I go work with my sponsering company in the same role, job, salary as approved on my labor.

Now what is the problem with above?
And where does AC21 come in here?
 
What if 485 approved before you can file AC21

All the GURUs out there..

This is very rare scenario but it can happen and I can't find info anywhere. I understand that you can use AC21 to change to similar job if you have 485 pending for 6 months.

What will happen if you change the job and prepare to file for AC21 and meantime before or the day you file AC21, you get 485 approved :) ?? What should you do in this case? :confused:

Thanks for you responses....
 
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