AC-21 Filing

[Budhikka]

GC Gurus,

I have a few concerns regarding my GC process.

1. It seems to be necessary to submit an employment letter, an intent to change letter, and a few pay stubs (2 or 3?) to apply for AC-21. But If my current employer requests a withdrawal of my I-140 while I am waiting for collecting 2 or 3 pay stubs, what could happen? It will obviously take 1 to 1.5 month to collect 2 or 3 pay stubs.

2. Once I use AC-21 to move to another employer with a similar position, what would happen about the intention of working for the former employer? It is my understanding that a green card is applied for intention to work for the former employer. Howerver, when my I-485 is approved in the future, I will no longer be employed by the former employer. What could happen? When a GC is granted through employment, I was told that I must stay at the same employer for 6 mo to a year... I imagine this happens to many fellows who have been waiting for GC.

3. My current position is a senior technical support engineer. But my employer and attorney have filed my I-140 using a labor certificate substitute. The labor certificate was originally approved for a senior technical consultant. The nature of support and consultant job descriptions are similar. The only difference is travel requirement for consultant (50% travel). However, I am still concerened whether any RFE is asked by USCIS or something even worse.

Thank you in advance

 

[ginnu]

GC Gurus,

I have a few concerns regarding my GC process.

1. It seems to be necessary to submit an employment letter, an intent to change letter, and a few pay stubs (2 or 3?) to apply for AC-21. But If my current employer requests a withdrawal of my I-140 while I am waiting for collecting 2 or 3 pay stubs, what could happen? It will obviously take 1 to 1.5 month to collect 2 or 3 pay stubs.
------- you can invoke AC21 with out pay stubs, if USCIS needs they will ask for it
2. Once I use AC-21 to move to another employer with a similar position, what would happen about the intention of working for the former employer?
----- when you use AC21 your intention has changed and you intend to work with new employer by invoking AC21
It is my understanding that a green card is applied for intention to work for the former employer. Howerver, when my I-485 is approved in the future, I will no longer be employed by the former employer. What could happen? When a GC is granted through employment, I was told that I must stay at the same employer for 6 mo to a year... I imagine this happens to many fellows who have been waiting for GC.
------- if you use AC21 then you need to work with new employer after GC becase yourI-485 will be approved on the base of new company job offer
3. My current position is a senior technical support engineer. But my employer and attorney have filed my I-140 using a labor certificate substitute. The labor certificate was originally approved for a senior technical consultant. The nature of support and consultant job descriptions are similar. The only difference is travel requirement for consultant (50% travel). However, I am still concerened whether any RFE is asked by USCIS or something even worse.
------ one can only post if you were eligible to use that LC, we dont know what was required on that LC or did you meet the LC requirements like education, exp, before that LC was filed
Thank you in advance

 

[Budhikka]

Ginnu,

Thank you for your post.

1. So once GC is approved after AC-21 is invoked, is it necessary to work for the new employer for 6 months or longer? I want to know whether I can change a job immediately after GC is approved or a certain period of time.

2. Regarding the job description, how can we verify the description? Even for the same job (e.g. technical consultant), the job description is sometime defined different ways. It all depends on what the employer wants to emphasize on. I am wondering whether Technical Consultant and Solution Consultant are in the same domain or not in terms of the immigration matter. The job itself is very similar...

Thank you

 

[ginnu]

Ginnu,

Thank you for your post.

1. So once GC is approved after AC-21 is invoked, is it necessary to work for the new employer for 6 months or longer?
------ you are correct and many lawyer say that one must wotk for 6months after GC approval with the employer
I want to know whether I can change a job immediately after GC is approved or a certain period of time.
------ lawyer say that after 6 months is no problem or get a letter from employer that they dont have job for you and keep that letter with you till you apply Citizenship
2. Regarding the job description, how can we verify the description? Even for the same job (e.g. technical consultant), the job description is sometime defined different ways. It all depends on what the employer wants to emphasize on. I am wondering whether Technical Consultant and Solution Consultant are in the same domain or not in terms of the immigration matter. The job itself is very similar...
------ Others will post to your question and you can read AC21 august Memo and reach to concluction:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html

Thank you