| Q. |
Risks for using AC21
Dear Attorney, I need your advice in evaluating risks about changing employer using AC21. My PD is May 2006. The client I currently work has offered me a full time but they are put on sale. I am weighing options whether to shift or not! I have couple questions here:
In case I join this client and later they layoff, I can go back to my original GC sponsoring employer. Secondly, assuming they do not layoff but my original GC sponsoring employer withdraw I140, I heard cases where I485s got cancelled by mistake. Can I be proactive to avoid I485 cancellation in case old employer withdraw I-140, like requesting my old employer to attach my AC21 while withdrawing I140 so that I485 will be valid. Also, Do I have to go back to old employer once GC is thru? Please advice! Thank you.
User's Location:
Tampa, Florida, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
I will assume that you meet the requirements for AC21 - e.g. I-140 approved, I-485 pending for 180 or more days, same or similar job. You can join the client by invoking AC21. If things do not work out, you can return to the sponsoring employer by invoking AC21 again.
If you switch to the client, it is possible that your sponsoring employer will revoke your I-140. It is with such situations in mind that we advise our clients to proactively file the AC21 paperwork once they switch jobs so that USCIS already has a record for the AC21 transfer and if the I-140 is revoked, they should not cancel your I-485. Even if you do not file the AC21 paperwork, you can do so once you realize that your I-485 has been erroneously cancelled due to the I-140 withdrawal.
The green card sponsorship means that you must intend to work, after green card approval, for the sponsoring employer, or for the employer with which you invoke your AC21 transfer.
Please let me know if you need any assistance with the AC21 transfer.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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