Hello....
Question re: my wife....
Her occupation : Registered Nurse
Worked for current I-140 sponsoring company since December 2022 (on L2 status)
I-140 and I-485 filed (for both of us under her employer) Apr 30 2023
I-140 approved sometime Sep 2023 ish
Dates were current when we filed but with retrogression final action dates are Sep 2022 so could be in pending status for a while longer until they hit Apr 30 2023. My L1 status (along with her L2) will expire in June 2024 with no ability to renew or recapture (hit max time)
Currently in 87-day RFE as of Jan 30 2024 for doctors exam results and our birth certificates which our lawyer for some reason didn't have us include originally, which we working on and will send back by Mar 15 2024.
I understand that since I-140 is approved and I-485 has been pending more than 6 months she can invoke AC21 portability to another employer with a same or similar position.
She wants to know if it's ok for her to move into a travel (across USA only) nurse position. Would be employed by a contract agency and on full time assignments. Job duties would be the same, title would be basically the same (may be like behavioral RN vs ICU RN). Only difference is that the company she would be working for is more of a placement agency. She would be "employed" by them and have benefits, etc. through them but there wouldn't really be a "salary" in her contract as it would be dependent on the contracts she chooses. Her salary would be much higher (probably double) her current position.
I have heard that AC21 is extremely flexible and can be used to transition into self-employment and other contract jobs, just wondering if there would be any risk with this type of employment.
I understand that USCIS does not request "ability to pay" evidence from the new company? The new (travel nursing) company does not do sponsorships so this is important as it would likely be impossible to get financial statements, etc. from the company to provide any sort of proof in that regard. They do employ over 100 people (5000 estimated US contact employees) so I understand a letter from the financial officer would be sufficient, but even getting this might be troublesome.
Question re: my wife....
Her occupation : Registered Nurse
Worked for current I-140 sponsoring company since December 2022 (on L2 status)
I-140 and I-485 filed (for both of us under her employer) Apr 30 2023
I-140 approved sometime Sep 2023 ish
Dates were current when we filed but with retrogression final action dates are Sep 2022 so could be in pending status for a while longer until they hit Apr 30 2023. My L1 status (along with her L2) will expire in June 2024 with no ability to renew or recapture (hit max time)
Currently in 87-day RFE as of Jan 30 2024 for doctors exam results and our birth certificates which our lawyer for some reason didn't have us include originally, which we working on and will send back by Mar 15 2024.
I understand that since I-140 is approved and I-485 has been pending more than 6 months she can invoke AC21 portability to another employer with a same or similar position.
She wants to know if it's ok for her to move into a travel (across USA only) nurse position. Would be employed by a contract agency and on full time assignments. Job duties would be the same, title would be basically the same (may be like behavioral RN vs ICU RN). Only difference is that the company she would be working for is more of a placement agency. She would be "employed" by them and have benefits, etc. through them but there wouldn't really be a "salary" in her contract as it would be dependent on the contracts she chooses. Her salary would be much higher (probably double) her current position.
I have heard that AC21 is extremely flexible and can be used to transition into self-employment and other contract jobs, just wondering if there would be any risk with this type of employment.
I understand that USCIS does not request "ability to pay" evidence from the new company? The new (travel nursing) company does not do sponsorships so this is important as it would likely be impossible to get financial statements, etc. from the company to provide any sort of proof in that regard. They do employ over 100 people (5000 estimated US contact employees) so I understand a letter from the financial officer would be sufficient, but even getting this might be troublesome.