Please help - when to apply for AC21?

E

eloqgib

Registered Users (C)
Please offer some advice.

My 485 has been pending for over 180 days and I am eligible for AC21. I have a job offer. My existing employer has applied for a new EAD since my current on expires in July. I checked that the EAD from December 26 are being processed at this time and mine was submitted March 10.

I have not talked to my new employer about AC21. I want to not alarm them and instead am hoping to have a smooth transition using AC21. However, the existing lawyers gets all mail from USCIS and will liley get EAD and green card in mail as well.

I am thinking that I will tell the new employer that I will join in mid June and will continue to work at current job till then. But I might get a green card by then and may not be able to use AC21.

On the other hand, if I leave now, then everything including EAD and green card will be sent in mail to company lawyer and they may or may not forward that to me. I may be required to bring proof of work authorization on my first day at the new employer.

What do I do in this situation? Can I accept this offer on AC21 and keep working for existing employer until mid June? If I change my address with USCIS, I have heard that they dont always keep track of change of address and I might not receive my EAD and GC.

So if I go to new employer on my first day and tell them that everything is under process, and they ask me to verify ever few weeks that I am eligible to work, how do I do that?

Also, I know that AC21 is expected to be filed but not required. In my case, if I dont wish to make the new employer feel that its iffy, how do I do that? I was hoping I would just work at my new employer and get GC in time.

Please help me. THank you.
 
eloqgib said:
Please offer some advice.

My 485 has been pending for over 180 days and I am eligible for AC21. I have a job offer.
My existing employer has applied for a new EAD since my current on expires in July.
-------------employer does not file YOUR EAD or AP, EAD AP are based on YOUR pending I-485 and I-485 belongs to YOU not to employer. your employer may have paid thee fee to company lawyer to file EAD and YOU need to sign the I-765 Form for EAD. if lawyer filed EAD it will come to your address ( you know what address you wrote on form I-765) if AP is filed by lawyer then AP goes to lawyer office
I checked that the EAD from December 26 are being processed at this time and mine was submitted March 10.

I have not talked to my new employer about AC21. I want to not alarm them and instead am hoping to have a smooth transition using AC21.
----------------- you should ask them if they will give you permanent job offer letter with same/similar job duties to invoke AC21. if they are not ready why to join them
However, the existing lawyers gets all mail from USCIS and will liley get EAD and green card in mail as well.
-------------------EAD is sent to the address that is on form I-765 that you signed, green Card will be sent to your address that is on I-485 form

I am thinking that I will tell the new employer that I will join in mid June and will continue to work at current job till then.
-------------that is upto you
But I might get a green card by then and may not be able to use AC21.
---------------- that is correct and then you should remain with present employer about 6 months ( that is what lawyers say)

On the other hand, if I leave now, then everything including EAD and green card will be sent in mail to company lawyer
-----------------read above
and they may or may not forward that to me.

I may be required to bring proof of work authorization on my first day at the new employer.
-----------------yes
What do I do in this situation? Can I accept this offer on AC21 and keep working for existing employer until mid June?
------------- when you are working with present employer it is not AC21 case. if you join new employer before I-485 gets approved then you need to invoke AC 21
If I change my address with USCIS, I have heard that they dont always keep track of change of address and I might not receive my EAD and GC.
------------------- you can update your address on 1800NCSC AND also write to service center where your I-485 is pending, on address change request cover letter write your Name, I-485 reciept #, A#, DOB, Present address and new address, sign the letter with date+ attach copy of I-485 filing reciept. out side the envelope write in big bold letter: Attn Address Change request on pending I-485. keep the copy of letter with you.

So if I go to new employer on my first day and tell them that everything is under process, and they ask me to verify ever few weeks that I am eligible to work, how do I do that?
----------------- show them valid EAD
Please help me. THank you.
Click to expand...
for more info talk to YOUR lawyer or new company lawyer if you want to join them
 
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