AC21 - Layoff

[srinidhi]

My pd is Apr 2009 EB2I.I quit my GC sponser employer and took fulltime job after 13 month after I filed my i485.I had to relocate for this job change and updated my new address with USCIS but I didn't file AC21. I am in good terms with my old employer and he assured me that he will not revoke my i-140.
Unfortunately I am going to loose my job due to some take over / merger activities.My current employer is asking me to stay until end of 2014 to support merger activities.But I think he will not support me in case I get any RFE related with my employment .Since there is very little possibility of my pd getting current this fiscal, what are the options available to me to get my GC without any hassle ?

Here are the options I have in front of me .

1. Find another new job ASAP and quit my current employer.
2. My GC sponser employer is willing to hire me again.Since GC is for future job offer , Can I get the employment verification letter from my old employer incase i receive any RFE from USCIS while I am working for a different company?

Please advise me whatever you think is good for me .

[qesehmk]

srinidhi go back to the old employer. That is the safest option.

You can choose to stay with the current employer through end of 2014 and you may get lucky during Jul-Sep cycle. I would put those chances at less than 50% for now.

All the best.

My pd is Apr 2009 EB2I.I quit my GC sponser employer and took fulltime job after 13 month after I filed my i485.I had to relocate for this job change and updated my new address with USCIS but I didn't file AC21. I am in good terms with my old employer and he assured me that he will not revoke my i-140.
Unfortunately I am going to loose my job due to some take over / merger activities.My current employer is asking me to stay until end of 2014 to support merger activities.But I think he will not support me in case I get any RFE related with my employment .Since there is very little possibility of my pd getting current this fiscal, what are the options available to me to get my GC without any hassle ?

Here are the options I have in front of me .

1. Find another new job ASAP and quit my current employer.
2. My GC sponser employer is willing to hire me again.Since GC is for future job offer , Can I get the employment verification letter from my old employer incase i receive any RFE from USCIS while I am working for a different company?

Please advise me whatever you think is good for me .

[srinidhi]

Thank You qesehmk for your suggestion.

[srinidhi]

srinidhi go back to the old employer. That is the safest option.

You can choose to stay with the current employer through end of 2014 and you may get lucky during Jul-Sep cycle. I would put those chances at less than 50% for now.

All the best.

qesehmk ,

How do I handle the situation If I get any RFE related with my employment while I am working on Merger activities ?(If I decide to stick with my new employer until end of 2014)

[qesehmk]

qesehmk ,

How do I handle the situation If I get any RFE related with my employment while I am working on Merger activities ?(If I decide to stick with my new employer until end of 2014)

I think that too is not a problem. Simply answer the RFE saying that you have leveraged AC21 and now working for a different employer than the original sponsor.

What I think could be a possible problem is a situation when your date is current and you are not employed and you get an RFE. That could be a significant problem. So as long as you can avoid that situation - I think you are fine as long as you maintain same or similar profession (and of course the salary>= salary in I-140).

[Kanmani]

Srinidhi,

You said you are in good terms with your GC sponsor, they can respond to the RFE if any, when you are still working for the current employer.

If done so, you should join the Sponsor even if you receive your GC before leaving the current employer to show your good faith in the job offer.

[srinidhi]

Srinidhi,

You said you are in good terms with your GC sponsor, they can respond to the RFE if any, when you are still working for the current employer.

If done so, you should join the Sponsor even if you receive your GC before leaving the current employer to show your good faith in the job offer.

Thank you Kanmani & qesehmk.This is what I exactly wanted to know whether my GC sponsor can handle the RFE or not .