Should I or Should't I invoke AC21 ???

L

librau

Registered Users (C)
Hi Gurus,

I have a peculiar situation. I am forced to change employer at this time when my 485 adjudication would soon be takenup...

My I-485 ( EB2 India ) was filed at NSC on Jan 2007; PD - Aug 2000;

NSC cleared. Received RFE on Birth Cert. on Jan 2008 and filed response on End Feb 2008.

With visa availabilty for EB2 India from April 2008, my case should in all probablity be taken up soon for adjudication.

Because my current consulting employer is unable to get projects for a very long time, I choose to change employer for fulltime position on EAD. I am supposed to join new employer from 1st April 2008.

Please suggest me options and their consequences.

1. File AC21 immediately, after joining, with out pay stubs attached.
Will this option avoid any interruption of I-485 adjudication process and will USCIS consider the new employer as my sponsor?

2A. File AC21 after 1 month of joining & If GC is arrived by then...
I am supposed to work for GC sponsor for at least 6 months after GC is arrived, in order to avoid any problems in Citizenship filing. I was told that if you file AC21 after obtaining GC, the new employer would become the sponsor and you will not get any problems at the time of Citizenship filing.

2B) File AC21 after 1 month of joining - & GC is still in process...
Is the GC adjudication process gets delayed because ofthis AC21 ? If so any indication of delay ? 2 months ? 3 months?

3) Any other options for me???

Appreciate your inputs.
 
librau said:
Will this option avoid any interruption of I-485 adjudication process and will USCIS consider the new employer as my sponsor?
Click to expand...

USCIS will consider the new employer to be equivalent to a sponsor. There is no guarantee that this will avoid interruption of the process.

You miss an option - not notifying USCIS of the employer change.
 
TheRealCanadian said:
USCIS will consider the new employer to be equivalent to a sponsor. There is no guarantee that this will avoid interruption of the process.

You miss an option - not notifying USCIS of the employer change.[/QUOTE

Thank you RealCanadian for your quick response.

If I do not notify USCIS would it cause trouble at the time of Citizenship filing?

Can you please throw some light on this option pros &cons??
Click to expand...
 
similar situation

Hi all

I am in a similar situation as well. My last day with my current employer is 4/4. I am still trying to get a job (in final stages) with other compaines. I am EB2 from India, my PD is Feb 2002 and my 485 date is Nov 2006. I guess there's high likelihood that my case will be reviewed in April. If that happens and it is approved, then I am good. However, if they review it and send an RFE to my current employer, how many days do they have to respond back to USCIS? Are they obligated to respond immediately since I am no longer active on their payroll after 4/4? Or do they have 30 days or so?

I appreciate your feedback
Thanks
Raju125
 
Help very much appreciated

Folks

Your feedback is very much appreciated

Thank you
Raju


raju125 said:
Hi all

I am in a similar situation as well. My last day with my current employer is 4/4. I am still trying to get a job (in final stages) with other compaines. I am EB2 from India, my PD is Feb 2002 and my 485 date is Nov 2006. I guess there's high likelihood that my case will be reviewed in April. If that happens and it is approved, then I am good. However, if they review it and send an RFE to my current employer, how many days do they have to respond back to USCIS? Are they obligated to respond immediately since I am no longer active on their payroll after 4/4? Or do they have 30 days or so?

I appreciate your feedback
Thanks
Raju125
Click to expand...
 
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