JoeF, Ponteviccio, Belle ..... Gurus could you comment?

[sid8uf]

Forum Guru's, thanks in advance for your replies.

First applied for GC in 2005 and had to restart in 2007 due to location change.

PD 07/03/2007, EB2-I

I-485 Pending since 2007

Will be current again in Oct 2011 Bulletin

Married in 2009, so maintain H1-B and wife is on H4

Wife's AOS will be filed on 08/03

Question is that I just got a "fabulous" offer last week and I am told it is risky to use AC21 and move now. But, I do not understand what the repercussions are? Can I not move when my dates are current or what is the exact rule? Is it "nice to follow" or required? It will be greatly appreciated if anyone can shed some light.

So, incase I cannot move, then what are the next steps from now until the time I get my GC?

Thank you!!

[Joe.F]

The rule is that AC21 only applies while the GC is pending. So, it is risky if the PD is becoming current, because the GC could be approved while you are still in the process of changing job.

But, if you can demonstrate that you started the job change before the GC is approved, if you have all the paperwork, it probably is ok.

You should discuss this with a good lawyer, though, to avoid any pitfalls.

[Belle]

"I just got a "fabulous" offer last week"

If you have an offer, you can file an AC21 request. Takes one day to send it overnight. Dates being current have no impact whatsoever on whether you can use AC21.