I don't want to scare ppl or anything like that but for the sake argument how about CIS comes with argument that even though you qualify for AC21 but didnot have the "intent" to work for the sponsoring employer ( I am sure this argument won't stand a chance in the court ) and hence approved I485...
UN
I am not saying that you have to go back to your old employer if I-485 gets approved before you inform CIS about the job change. Yes it is not the law that you are required to inform CIS but it is "recommended" according to the memo.
If you don't inform the CIS then according to CIS...
yeppo
well in that case i think the intent of joining the sponsering employer by the employee will come into play since it is EBbased, but if the employee can show that he joined the new employer before he got approved then there may be some hope. This all will come into play if USCIS comes...
don't worry about the payments from present employer . since you will be working for the new EMployer (Client) as long as he is paying you can send those pay stubs which are from Client.
If you get approved before you inform AC21 then you got your GC from old employer.
Sample AC21 letters that were used
This is an Update to what Joyd has posted which has complete list of docs which can be sent by the employee/applicant. There is no need to hire a lawyer for this
http://boards.immigration.com/showthread.php?t=153407
my ND is OCT 2 nd 03
below are the details
http://boards.immigration.com/showthread.php?t=153406
I don't think there is consistent pattern (whihc is nothing unusal) there was a case with ND dec 03 got approved too.
well i know where your are coming from. Technically what your are saying is true and the problem with Ac 21 rule or yates memo is that there is no specificity about the job title and job description.As per the title i think your are ok.
Now the question is Job desc i think as long as it is...
i went back and looked at what i had received from CIS. It is actually lessthan 2 months. My receipt date for FOIA was on Aug 17 th 04 and i got the forms on OCt 8 th. so it is approximately 50 days
There is no hard fast rule about salary for Ac 21 because there is no mention of salary in yates Aug 03 memo nor in Ac21 rule. Usually higher salary should not be an issue, as per less salary i think as long as it is not significantly less then i think it should be ok. 10% less should be ok in...
i don't know what posts you have read but filing FIOA will help you out. i for one did file FOIA even though i had copy of the I140 receipt before filing FOIA.
did you get an RFE ?? or your asking what if i get an RFE??
you can file FOIA now . your FOIA should be sent to where you filed I140 make sure you ask for underlying labor along with approved I140 . you can aslo try the DOL (file FOIA) where you filed the labour some DOL's will send you ETA...
As per the title i think your ok. It is the job duties where i would be little bit careful. Why don't just copy and paste the job description from form ETA 750 onto your new Employement letter if it is possible since it is the same type of job.
welcome and thanks but remember your application will only come under Ac21 only when you inform the CIS about the job change if not and if your application gets approved say tommorow then you got your GC from your old employer (one who filed LC)
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