Please Help!!! Applying AC21 on future employment without notifying INS

[rk4gc]

I've a future GC and I agreed to join with them once the GC is done. I never worked for them. My I-140 is approved and I-485 is pending for more than 180 days. Now my current employer is willing to sponsor/continue my GC. I'm wondering what is the best course to take?

1. To continue the GC with the future employer and join with them once I get the GC.

2. Use AC21 to switch to my current employer.

3. My lawyer is suggesting that my current employer can give a letter and file a copy for them self which offers me the continuation of GC and future permanent job based on the approval of this I-485. What it means is I dont need to notify the INS about the AC21 right now but if there is any RFE or at the time of approval I can use this letter.

The job description is same, though job title is different. Current employer now giving better salary than the GC mentioned. Well may be the future employer may also willing to match it. I'm inclined towards continuing at current employer as that means I dont need to move, if I've to join with the future employer I may need to move.

I dont know if the third option works or not.

Please help me in taking decision guys.

 

[ginnu]

I've a future GC and I agreed to join with them once the GC is done.
I never worked for them. My I-140 is approved and I-485 is pending for more than 180 days.
---Not working for them is not a problem, GC is filed for Future job and you are now eligible to useAC21
Now my current employer is willing to sponsor/continue my GC. I'm wondering what is the best course to take?

1. To continue the GC with the future employer and join with them once I get the GC.
------- that will be fine it is upto you
2. Use AC21 to switch to my current employer.
---- you can do that and again it is upto you3. My lawyer is suggesting that my current employer can give a letter and file a copy for them self which offers me the continuation of GC and future permanent job based on the approval of this I-485. What it means is I dont need to notify the INS about the AC21 right now but if there is any RFE or at the time of approval I can use this letter.
----- it means they are ready to give you AC21 letter so that you can use AC21 and they will give you future permanent job offer letter so that you can use AC21, what I dont understand is why the lawyer is saying NOT to update the USCIS, you should update the USCIS so that they know that you want to use AC21 and if you send letter to USCIS then it will be attached to your pending I-485 file. If you dont update two things can happen:
1 USCIS will send RFE to the lawyer who filed your I-485 and they will ask many documents
2 USCIS can approve the I-485 if you dont send AC21 letter in that situation you have to work after GC with the employer who filed your LC and I-140 becase the base of approval is that employer I-140 and his future job letter
The job description is same, though job title is different. Current employer now giving better salary than the GC mentioned. Well may be the future employer may also willing to match it. I'm inclined towards continuing at current employer as that means I dont need to move, if I've to join with the future employer I may need to move.
------ salary is not problem if it is less than earlier LC or more, most Imp is your job title and job duties or skills , new employer should give you letter with same skills or job duties, you can use AC21 if you want to remain with the Current employer after GC or I-485 approval
I dont know if the third option works or not.
---- join Orignal sponsor after GC approval Or remain with currunt employer by using AC21, if you use AC21 hire your lawyer and fill up new G28 so that if any RFE for pending I-485 it will come to YOUR lawyer or you can use the Current employer company lawyer to file AC21 and represent you for your I-485
Please help me in taking decision guys.
--- Nobody can make a decision for you, listen to your heart or use brain, do what your heart says becase brain sometime works in wrong directions

 

[rk4gc]

Thanks for your detailed reply ginnu. Your reply does really help me to consider my choices.