what if I do not use AC-21

[milindck]

I have already changed employer but my original sponsor ('OriginalEmpr') was still supporting it.

Now I have got an Employment RFE and I have two choices to make.

1) Use AC-21 and ask my current employer ('NewEmpr') to take the control of Green card process.

2) Ask OriginalEmpr to give me offer letter needed for the RFE response.


Question is, what if I go with option 2 and remain with NewEmpr and I do not join OriginalEmpr after getting my green card provided OriginalEmpr is OK with this.

in other words do I have to join the OriginalEmpr after getting the Green Card?

Thanks in advance.

 

[Jams]

2 cents

From what I understand, at one time or the other you have to tell BCIS that you used AC-21. Even if you don't inform now you have to inform after you get GC.

 

[w8nc]

what if I go with option 2 and remain with NewEmpr and I do not join OriginalEmpr after getting my green card provided OriginalEmpr

Since BCIS sent you an RFE reagarding employment, they would consider this fraud because you would be submitting documentation for a job that you have no intention of taking.

 

[milindck]

Oh. Okay.

I did not think of it that way.

I definitely don't want it to be viewed as a fraud. Thanks for informing me. I guess I will go with AC-21.

I was thinking more like "I join the OriginalEmpr and then they are not able to offer me the position after I get my green card may be due to job cuts or similar and then I join some other company."

But as Jams said at some point I will have to tell BCIS that I changed Eployer. And if I tell BCIS after I get my Green Card is that okay?

No one knows what is going to happen for sure in future. And in the case of Green Card there is so much processing time involved that by the time you get it the things change so much out of control.


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How should I proceed with AC-21 filing, through Lawyer or On my own? Lawyer charges around 1000$ for the same and I am mainly trying to avoid this expense that is all. I do not mind joining the sponsoring employer as long as I can get a paying job and green card.

Thanks for everything.