Risk in AC-21

R

Rohani

Registered Users (C)
My GC is filed by company A. My I-140 is approved and I-485 is pending for over 10 months. I have
a Full time offer from company B (similar job but salary 15% more) and would like to join B using EAD under AC-21 portability.
Now let us assume that I will also inform BCIS about my new employment. The only concerns which I have are:

1) In future, If I will be laid-off by company B and I will also get a RFE from BCIS at the same time
about submitting employment letter, pay stubs etc, where do I stand leagally?

2) BCIS might expect a reply to the RFE in 30 days. And what will happen if one can't find another job
in 30 days? What should the one reply to BCIS?

Thanks

Rohani:confused:
 
Now let us assume that I will also inform BCIS about my new employment
Your I-140 is approved and I-485 pending for 180 days or more which
gives you ability to switch employers. It depends on your attorney but you
do not have to inform BCIS about the new employer. Can you post your
ND's ?

1) In future, If I will be laid-off by company B and I will also get a RFE from BCIS at the same time about submitting employment letter, pay stubs etc, where do I stand leagally?
You have to provide employment verification as per your approved LC at the time of I-485 approval.

2) BCIS might expect a reply to the RFE in 30 days. And what will happen if one can't find another job in 30 days?
Generally its 90 days to respond to such RFE.

What should the one reply to BCIS?
Gurus, any take at this one! My suggestion is continue looking for an employer.
 
Thanks Babu.

If one is laid off and he has to reply to RFE, then what you are saying is, correct me if I am wrong, that, he can find a job in 90 days and then send reply to RFE.

Rohani

--------------
140: ND 07/02, AD 04/03
485: ND 04/03, FP 06/03, EAD 10/03
AP: ND 12/03, AD 01/04
 
AC - 21 question.

my GC sponsoring company says that they are going to use my labour as substitute labour for someone else.

my 140 is approved and 485 is pending more than 6 months.

I'm yet to file new employement letter (AC 21) .

If they use my labour, will it affect my GC process?

Can anybody help me in replying to the above.


Thanks,

gcperson
 
gcperson,
To use your labor if 140 has been approved and 485 pending more than 180 days- the comapnay will have to attempt to revoke 140. This results in an RFE for you. If you have a new similar job at that time - you respond to RFE and then you are good. The revocation attempt of the comapny fails.
You can preempt all this by filing AC21. But even if you don't - you as such would be good.
HTH
 
Thanks a lot.

Thanks sb_tiger for the info.

It clarified my doubt.

Once again Thankyou so much.


gcperson
 
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