URGENT HELP; file AC-21 or wait;

J

Jams

Registered Users (C)
I am planning to use AC-21 (have a job in hand, same job). My GC employer found me a job with about 55% of my LC salary and he is trying to force me to go there. I don't want to take up that job. Now my employer is threatening me about revoking H1 etc. I don't know what all he is going to revoke.

Tricky question is just filed for EAD renewal (Oct 20). My current one expires in mid Jan. Can he revoke that application. I need to make a decision ASAP wheather to go AC-21. Any help/suggestions greatly appreciated.

If I go AC-21 should I file some docs with BCIS to counter my employers threat.

I-140 approved May 19,2003.
I-485 ND: Nov,5,2002; RD:Dec,5,2002.
 
Go for AC21

My impression reading these forums and asking questions here is that you should change your job without caring for your employer's threats. AC21 is meant for people like you (and me) and since you are past 180 days after the filing of your I-485, you should be in the clear for a job switch.
 
Thanks for the reply. I feel somewhat better now. I am not clear on whether to file any AC-21 docs now (before they send the H1 revoke). If I get an RFE on my EAD renewal (expiring mid Jan) then I might be screwed with no option but to take vacation. I certainly don't want that now.

My company lawyer told me that she will inform me before filing H1 revoke. That will certainly help me with EAD renewal. But I am not sure if she is going to wait until its approved.
 
I don't know enough about this subject, but my impression is that you should not be mixing the H1 revoke issue with your EAD renewal. Because these are two different things. Maybe it depends on your status right now but if you are on EAD, then your H1 should not matter, IMHO. And if you are on H1, then as soon as your H1 is revoked, your EAD should keep you legal.

Of course I am not a lawyer and this is just my opinion. Someone else might want to confirm or deny this.

There is no one-opinion on these boards about filing AC-21. Some people like proactively telling the BCIS that they have switched employers soon after they do so. Others like to wait for an RFE to do the same. You will have to make a decision on your own. (I will have to do that in the next few weeks myself).

Same with switching lawyers: some will tell you to get your own. I, OTOH, would most likely go with my current one (hired by my soon-to-be-ex company).
 
Are you currently on H1 or EAD? Just asking since you mentioned renewing your EAD.

Are you sure your employer is talking about revoking H1 and not I-140. He could have you in a jam by revoking your I-140 (if you have not yet reached the 180 days) besides that I don't think your employer has too much control over your GC process.

Revoking your H1 would only mean that you can no longer work for him (which is apparent because he wants you to take the other job). He still can't throw you out of the country and jeopardize your GC process.

Hope this helps.
 
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