AC 21 lawyer recommendations

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wac-ed in CA

Registered Users (C)
I need to file AC21 communication with BCIS/CSC in the next 3-4 weeks after changing jobs -- Please post recommendations or send in pvt message to me.

thx

-wac
 
I joined the forum yesterday. Lots of good information here. I plan to change jobs using EAD and need to inform BCIS. Any of you are aware of good and reliable lawyers in the Los Angeles Area to deal with all the issues related to I-485, EAD, AP, Changing jobs etc., Really appreciate any help from the gurus here.
 
As per some earlier postings , you do not need to inform BCIS when you change the Job.

Just make sure you Salary, Job Title and Job description matches to the one mentioned on your LC.

Also your I140 needs to be approved and I485 needs to be pending for more than 180 days.

If you get an RFE , you may let BCIS know that you have used AC21 to change your job.

Anyway this is not personal experience, so I advice to consult knowlegeable people before you make a decision..
 
My immigration attorney says we need to notify BCIS/CSC of the job change under AC21 and minimize the gap between the two jobs (zero if possible) -- did the new memo on AC21 provide any guidelines on notifying BCIS of AC21 job change?
 
You should submit job change notice with BCIS after you change job according to AC21 2003 memo. Otherwise you 'll receive a NOID (notice of intent to denial) and will have to submit sufficient information in 30 days, which is a little scary to everybody
 
Try this URL for some policy guidelines on AC21, with regard to revocations of I-140s

http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

Still no guidance on whether to inform BCIS or not at the time of changing employers.

My attorney thinks it is better to inform. Her office is practical enough to realize that the information you volunteer may not even make it to your file... but it does lend weight and credence to your reply to a subsequent RFE if you attach a copy.
 
Good points. I intend to do that - - file a change of job with letter explaining responsibilities (identical to approved I140 Eb1b category) and salary etc. Even if it doesnt make it to the file, it removes a possible question from future RFE/interview/...

I have noticed that most RFEs mentioned here include W2, last 3 month paystubs, (and presumably copy of new offer letter for AC21). What is the W2 for? Is it used to confirm that the petitioner's income matched the offer letter amount?
 
Not sure what they do with the W2, or even paystubs for that matter. All this "salary should be within a few percentage points of that stated in LC... etc." have no meaning in law, when the GC is for a future employment.

It does offer them important clues in the following ways:
1. they can tell whether you changed one or more employers
2. were paid less than prevailing wage on H1 (if you were not using EAD)
3. they can speculate that you did not have a job for an extended period in between... (though the need for maintaing employment is not documented anywhere :))
etc.

If you are going to inform BCIS while using AC21, I have the following recommendations for your letter:

Group A: (Inform)

1. State that you are using AC21, and this documentation is to inform BCIS of the same.
2. State old employer name, address /end date ... new employer name, address / start date (I do not know the impact of gaps... if I did it I would try not to have any)


Group B: (Establish eligibility: state that you are establishing eligibility by the following)
3. you have a valid I-140 (attach copy) from old employer and that 180 days have passed since the filing of I-485 (attach receipt notice)
4. New employment is in 'similar occupational classification'
5. State that a new EVL is attached describing 4 above
6. Attache new EVL showing position/duties/salary and intent to employ you as a permanent ('regular' if HR objects) full-time employee upon approval of your I-485 application
7. Attach copy of valid EAD

PLUS whatever your attorney deems fit.

Good luck!
 
thunder1900

According to the memo Notice of Intent to Deny would be issued only if BOTH the conditions below are true:

1. the underlying approved form I-140 is withdrawn (by employer)
2. the alien has not submitted evidence of a new qualifying offer of employement

Simply not submitting evidence will not result in a NOID if I-140 is not withdrawn by old employer. Even then, you have 30 days.
 
ideally you need to attach 485 receipt notice

Your 180 days start from the day the I-485 is filed. So try to get the I-485 receipt notice (the one you have WAC number). I -141 approval is on no use.
 
Thx Niladri30. The attorney has drafted something very similar to your A+B points (and copies of I140, 485, EAD) . I also have a written commitment (if that means anything) from my old employer that they will not withdraw the underlying I140 (approved Feb '02) - for my peace of mind primarily.
 
similar job classification? ....

...or "same or similar job description" ?

Let's say Anand Banerjee is itching to use AC21. His current
job description in the LC goes into excruciating details --
C++, Oracle DB, testing, integration, and what not.

His new employer wants to employ him in something quite
different -- Java, wireless, security, architect role etc.

One could say -- a programmer is a programmer. Same job
<I>classification</I>. No problem.

Or, one could say -- the 2 jobs are way different. Not the
same under AC21 ??


Which is right?
 
waitn2long,

The letter of the law and memo is, same or similar occupational classification, not job description.
 
wac-ed in CA,

Regarding that bit about your old employer promising (?!) not to withdraw your I-140, not only is it unnecessary, but someone posted, couple of months ago, a piece of advce I consider golden: "Don't give BCIS more than they want, don't stand out in a crowd." You might want to consider that before including your old employer's promise in your response.

My opinion.
 
job classifications...where? what?

How does one find out the job classification under which
the I-140 was approved? Is this in the Alien Employment
Certification?

What are the typical job classifications for a programmer?

Is there a web site listing job classifications accepted by BCIS?
 
got it....

AC21 Information

Search for AC21 Job Codes

I wonder if all the following are equivalent under AC21 ?

15-1011.00 Computer and Information Scientists, Research
15-1021.00 Computer Programmers
15-1031.00 Computer Software Engineers, Applications
15-1032.00 Computer Software Engineers, Systems Software
15-1041.00 Computer Support Specialists
15-1051.00 Computer Systems Analysts
15-1061.00 Database Administrators
15-1071.00 Network and Computer Systems Administrators
15-1071.01 Computer Security Specialists
15-1081.00 Network Systems and Data Communications Analyst
15-1099.99 Computer Specialists, All Other
 
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