AC-21 options

[Dear]

To all,

I filed my I-485 in August 2002 and just completed 13 months and my case still pending as usual.

I may be good in present job through my GC sponsor for another 7-8 months and may be more than that but nothing is certain in the current economic condition.

I tried to look outside and it looks like I may get some offer in similar job profile with slightly more salary than stated in Labor cerification.

Is it a better idea to get laid off then find a job in similar field or just change job? In later case what justification I will have to give to BCIS about changing the job. I have a good relationship with my employer and they might give me a lay-off letter even if I quit.

Gurus.....could you help me what should I do at this time?

 

[sadiq]

Under AC21 you do not have to explain the reason for changing jobs. Ensure that:


1. You fit the 180 days regulation (Approved I140 and 180 since filing an I485). I am assuming your I140 has been approved.

2. Job description: should be as similar as possible to your current position. The INS memorandum dates July 19, 2001 states your I140 approval and I485 petition will reamin if you switch jobs after 180 days if "the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made." The memorandum also write that "the adjudicating officer may consult the Department of Labor's Dictionary of Occupational Titles or its O*NET classification system or similar publications."


I do not think it matters if you are laid off or you quit unless you receive an RFE for employment while you are laid off and are unable to respond satisfactory within the time alloted.

If you switch jobs and the new one is a similar one (compare job descriptions), you should be ok. Previous posters have said that they've notified BCIS through their lawyers of the job chang.

rgds,
sadiq

 

[Dear]

Thank you Sadiq!

My I-140 was approved before filing I-485 so I have more than 13 months of I-140 approval.