Intriguing Scenario - I-485 current Use AC21

[alfredo123]

Ladies and Gentlemen,

 

I would like to pose an interesting scenario and get an idea of what people think about this.

 

Below are my details;

PD: Jan11th 2008

I-485 and EAD past 180 days

 

I have a job offer from another company that I want to take up right now and am very keen on accepting using AC21 EAD. It offers a significant increase in pay and I could really use that at this juncture.

 

However, I will be current next month per September 2013 bulletin and possibly receive GC then--I don't know how it works but I am hoping that is the case.

 

I want to take up the new job using AC21 right away maybe by August 31 2013 or early September 2013 to avoid having to work for my current employer for the 180 days period. 

 

Please let me know if this is a good idea at all or whether I should not take up the new job. Also, how much time does it take for GC to be approved after date is current?

[Belle]

If your I-485 has been pending for over 180 days and I-140 is approved, then you are eligible for AC21 portabilty. If you have your job offer in hand, then generally it is enough to file a notification of AC21 portability. The new company becomes the company that you are supposed to work for after green card approval. If you need more help, get a consultation from a lawyer.

 

I am not sure why you are talking about not working for the current employer for 180 days.

[alfredo123]

Hi Belle--Thank you for the response.

 

I do not have the offer letter yet but am expecting to receive it soon--but I just figured that they still have the usual background checks to do after that which I am guessing will take at least a couple of weeks. I am anticipating joining them after September 15th.

 

Based on your earlier response I can file AC21 just based on offer letter which I am expecting to receive either late August or early September.

 

What if I my Green Card is approved before I am able to file AC21 based on offer letter. What happens then--am I obligated to inform USCIS after that or just let it be?

 

Will that cause issues in the naturalization process?

[Belle]

Hi Belle--Thank you for the response.

 

I do not have the offer letter yet but am expecting to receive it soon--but I just figured that they still have the usual background checks to do after that which I am guessing will take at least a couple of weeks. I am anticipating joining them after September 15th.

 

Based on your earlier response I can file AC21 just based on offer letter which I am expecting to receive either late August or early September.

 

What if I my Green Card is approved before I am able to file AC21 based on offer letter. What happens then--am I obligated to inform USCIS after that or just let it be?

 

Will that cause issues in the naturalization process?

 

You can ONLY use AC21 BEFORE the green card is approved. If your case is approved before you switched jobs, get a consultation with the lawyer to see if you can accept the new offer. When I changed jobs under AC21, my dates were current too, so I first got the offer, then I signed it and attached it to the AC21 notification, and after making sure the USCIS got it and the case was still pending, I sent the accepted offer back to the employer and gave my notice.

[alfredo123]

You can ONLY use AC21 BEFORE the green card is approved. If your case is approved before you switched jobs, get a consultation with the lawyer to see if you can accept the new offer. When I changed jobs under AC21, my dates were current too, so I first got the offer, then I signed it and attached it to the AC21 notification, and after making sure the USCIS got it and the case was still pending, I sent the accepted offer back to the employer and gave my notice.

 

That sounds like good strategy--sincerely appreciate your comments.

[zak74]

You can ONLY use AC21 BEFORE the green card is approved. If your case is approved before you switched jobs, get a consultation with the lawyer to see if you can accept the new offer. When I changed jobs under AC21, my dates were current too, so I first got the offer, then I signed it and attached it to the AC21 notification, and after making sure the USCIS got it and the case was still pending, I sent the accepted offer back to the employer and gave my notice.

 

Belle,

 

Is there a standard format for the AC21 notification letter to USCIS?

[Belle]

Belle,

 

Is there a standard format for the AC21 notification letter to USCIS?

No.

[chakrakr]

I read it somewhere (probably in one of Murthy bulletin)  that if you accept an offer before the GC is approved,  you are good even if you join the new employer after GC is approved.  the key, it seems,  is to have the accepted offer before GC is approved