Pros and Cons of Proactively invoking AC21 for I-485

[skamranhasan]

Hi Gurus 

I filed I-485 based on my previous employer - B who laid me off back in 2010. They promised my to hire me once i get my green card and they already gave me EVL when i applied I-485 6 months back. I am working with my current employer A since 2012. I saw couple of RFEs for future based employment are as follows 

"Our records indicate you current work for Emp A and not for Emp B who sponsored your GC 
Please provide a statement indicating anticipated start date with Emp B'." 

its been over 180 days since i filed I-485. Is it a good idea if I invoke AC21 proactively for employer A or do i need just wait to get an RFE like i mentioned above and once i get an RFE, can i provide an EVL from my current employer or I am obliged to provide an EVL from my old employer. The reason for asking because I am afraid they might question my intention if they see i am willing to continue work for Employer A to whom i am working for last 3 years. I mean they might ask why I submitted an EVL for previous company if my intention to keep going with my current employer. 

i would appreciate if some one who went thru this situation will guide me

[zoomzipper]

Your case is not straightforward. If I were you.. I would talk to a good lawyer. You can ask an attorney with Murthy's office.

[Attorney_15]

The situation presented is a delicate one and one in that situation should consult with an attorney before communicating with the government. The challenge is that one can intend to work for the Green Card sponsor in the future and still change one's intent to work in a different job once 180 days have passed. However, one can be required to prove the good faith nature of one's stated intention.