RFE replied, but need to change job, please advise.

G

ganshm

Registered Users (C)
My friend replied to an RFE and had 2nd FP done a month ago. Now he has informed his employer of leaving in July/August. His employer would not cancel his I-140. But the new job won't start until September, 2004, with the same title.

Question is: should he file AC21 with INS now?

The concern is, if he files, his case mostly likely will be transferred, which would result in further delay. Maybe one more year's delay because the new job is under the jurisdiction of Vermont Service Center.

If he does not file and gets approved in the next month also, he would be leaving his job at about the same time.

If it were you, what would you do?

ganshm
 
Hong long has he been waiting? If I have been waiting for 2 years, I don't mind wait for 2 more months. :)
 
2 years of waiting

Yes, he has been waiting for 2 years.

If he files AC21, it could be another one year's wait, not just 2 months. And there might be some hassles concerning EAD, AP, etc in between.

What do you think?

ganshm
 
Assuming that the approval comes before your friend moves, if your friend does not inform CIS, and if it comes to CIS's attention, it could be considered fraud and GC cancelled (on the ground that your friend did not have intention to work permanently for the 140 petitioner). Your friend may have trouble when applying for naturalization and CIS may revoke the GC.
I am not sure about the case where the approval comes after the move, as we have seen several cases where folks have changed jobs before approval (based on AC21) but have not informed CIS. My personal opinion is that this is OK (just an opinion).
If your friend informs CIS, he/she could claim AC21 but as you point out it could result in delays.
 
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