AC 21 Case - Approved after interview !!!

Summarization of my experience

Guys,

Here is what I think. If you are past 180 days of ND (or RD whichever you think is comfortable for you) of 485 I think you can change jobs..even voluntarily. I think now the IIOs know about AC21 law. Now please dont ask me what to do before 180 days. I wouldn\'t know :)
Just leave on good terms from your old company and always get an experience letter (with words from your original labor). Also mention salary in there.
You can work on EAD or get a new H1 transfer from the new company. Whichever is convenient in your case. In my case I got both of them done !
Changing Attorney is another situation where people are worried. But I think all attorneys are almost the same. As long as they get paid you shouldnot be worried unless your old attorney is taking your switching employers personally. So if you think you old attorney is nice and you can work with him .. go with him.

Expect a transfer to the local office. It will be heart breaking (it was in my case when I learnt about the transfer) But if you think the wait for the interview call from the local INS is worth the change of employer .. GO FOR IT !
In the new company you might not always get the same (similar) position as in the old company .. but as long as your HR people can give you a letter to satisfy your requirements it should work.
It is painful to wait ... forever and I know we worry that INS might DENY our AOS.... but I think most cases will be approved after a change of employer. Good luck !
 
congrats...a question for you

Indiana jones,

congrats.
question: did the officer ask you for previous employers pay stub or did you volunteer? if asked by office, what was the specific question?

Thanks
 
Congratulations Indiana Jones

Congrats man! Thanks very much for sharing the info with others.

I have a few questions. I would be grateful if you could answer them.

1. Did they ask for latest 3 paystubs from the new company as in 15 days pay cycle or 3 months of paystubs (monthly paycycle)?

2. Which months paystubs from the old employer?

3. Does it matter if previous year annual pay is less than that given in the labor.

Thanks
Bharat
 
Congrats Man

COngratulations .. I am 97 batch GC seeker. Still lingering around for Good news .. Good Luck in your future endeavors ..
 
INDIANA JONES PLEASE REPLY!!!!!!!!!!!!!!!!!!!!!!!!

You obviously used your LC ETA750 and tailored you new employer\'s letter. But does it have to be a Word to word match?
Example your LC states " Java, C++, ALGOL, PASCAL, FORTH, FORTAN "
but you in new company you do say "Java, C++, ALGOL"
The job description is similar because qall off the above requires software knowledge and are sort of interelated.
Your inputs vis-a vis your letter will be appreciated.
 
The New H1B petitioned by the new company triggered the interview

The new H1B triggered the interview. The adjudicator of your case has access to all your previous INS filings and he/she will definitely go through them to make sure that you were never out of status. I called an IIO quite a while ago and she was able to find my H1B/I-140 ...

For those of you who already have an EAD but want to switch job pursuant to 106(c) of AC21, you should not apply for an H1B unless you like to have an interview.
 
Baba Yaga - my answers !

Yes you are right ! I took my LC ETA750 and tailored the new employer\'s letter based on that. I didnot put word to word match. My original LC had a lot more stuff in it. My old employer put all sorts of stuff in my LC just to reduce the number of applications for my advertisement. Those skills range from MVS, COBOL to C++. I edited that stuff a little and put fewer skills in my new letter. I removed some crazy stuff like Change Management etc from my original LC description. I just made sure that whatever I put in the new letter was from my original LC (a subset of those skills). I just retained the original position " Systems Analyst". Thats all.

I hope this helps. I already posted my the format of the letter I used. That is the exact format I used. It worked. !!
 
GCKool.. that is possible.

But once an RFE is generated .. and u respond with the new Employment letter .. they would know also !! BTW.. you need your latest paystubs also. Only if you are lucky and you dont get a RFE .. then it is a different issue !!
 
gcphilly

Thank you
The officer did ask for prev employers pay stubs. She wanted proof that I worked for atleast 180 days. !! I also had a letter from the prev employer. She took that also ! (She did not stress on the letter) But the paystubs .. she did insist.
 
bharat2002 - answers

Thank you

1) They didnot mention anything about the pay period. I just gave them the latest ones. Infact I received a new paycheck the day before and I submitted that also. I assumed that they would want the latest ones.
2)The last months\' paychecks from the old employer. They wanted dates to match to make sure that I worked for atleast 6 months with my old employer.
3) I am not sure about your 3rd question. In my case I have a better salary now than a year back

Good luck
 
No Title

I don\'t think VSC issues a lot of RFEs. There\'s a higher chance of getting RFE if INS suspects something. For example, if one applies for an EAD tens months after he filed his I-485 but his H1B is valid for another 2 years, he is very likely to get an RFE because why did he apply for an EAD while he did not need one?

In your case, since you did not have an EAD you had no other choice but to apply for one. You chose to apply for both EAD and H1B, which was not a bad decision.

Thanks for sharing your experience and congratulations! Enjoy your day!
 
What if I work as a Mechanical Engineer not programmer?

I was cerified as a programmer and was laid off and got an interview notice at the same time at New York Local office. However, I found a job as a mechanical Engineer intern and it might involve sme programming. Do you think it is ok to stick with this job since you said all employmnets-based green cards get approved?

If job change is after the 180 days, I also think I can get approved no matter what.

Thanks
 
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