AC 21 related interview question

[vj66321]

This question is for people that have dont work for a original GC sponsoring employer and attended a EB based GC interview in the last couple of months. Others are welcome to answer as well.

In the interview , were you asked why you quit the original GC sponsoring employer? If so what was your answer and what was the response from the officer and USCIS?

My question is more targeted towards the intention to quit the sponsoring employer and impact on your pending 485.

 

[immi_mygc]

This question is for people that have dont work for a original GC sponsoring employer and attended a EB based GC interview in the last couple of months. Others are welcome to answer as well.

In the interview , were you asked why you quit the original GC sponsoring employer? If so what was your answer and what was the response from the officer and USCIS?

My question is more targeted towards the intention to quit the sponsoring employer and impact on your pending 485.

if it is spun out company and you have joined it. You may claim that you are with same sponsring company.

 

[Jackolantern]

if it is spun out company and you have joined it. You may claim that you are with same sponsring company.

But there was another job change in Feb 2009, if you see the OP's signature. I think that is the one he/she is concerned about.

 

[vj66321]

Yes, I have 2 job changes since my GC application filing.

The first one in Dec 2007 was actually 'successor of interest' but the attroney wants that to be AC 21.

The second is in Feb 2009 , the reason was that the spun out company was a VC funded start up and there were funding issues that could bring down the company.

AC 21 is allowed provided same or similar job condition is met (which is in my case), but how about intent to continue clause with regard to the original sponsoring employer?

Has anyone been asked this question?

 

[Jackolantern]

AC 21 is allowed provided same or similar job condition is met (which is in my case), but how about intent to continue clause with regard to the original sponsoring employer?

You are not required to go back to the original sponsor.

 

[vj66321]

Thanks Jack.

I'm wondering if there are people who are asked questions on why they decided to leave the GC sponsoring employer.

I will wait to hear from people who have attended an interview so far with an AC 21.

 

[Jackolantern]

Why do other people's reasons matter? They had their reasons, you had yours. Just tell the truth ... you got a better salary, more interesting projects or whatever. AC21 gives you the right to change jobs within certain criteria (180 days, same or similar etc.), and you don't need a special reason.

 

[ginnu]

This question is for people that have dont work for a original GC sponsoring employer and attended a EB based GC interview in the last couple of months. Others are welcome to answer as well.

In the interview , were you asked why you quit the original GC sponsoring employer? If so what was your answer and what was the response from the officer and USCIS?

My question is more targeted towards the intention to quit the sponsoring employer and impact on your pending 485.

I know a person who sent me email and his file was sent to local office for interview.
Person’s LC, I-140(EB2) was filed by Company A and I-140 got approved. Company A was keeping him on Bench so he transferred H1 with B. He met a lawyer who advised him to file I-485 with Copy of I-140 filing receipt of A(no job offer letter was attached). He filed I-485 based on I-140 of A. I-485 was pending more than 180 days. Company A got closed.

Company B filed LC for him that got approved and also filed I-140 for him in EB3 that also got approved.

His I-485 that was filed based on I-140(EB2) of A was sent to local office for interview.
Lawyer advised him to take same/similar job letter from B and also copy of approved I-140 through B so that if problem they can request Interfiling of B I-140 with I-485. At the time of Interview the officer asked that are you working with A?. Person informed he is working with B as company A got closed 2 years back. Officer asked if he has employer B job offer letter. Person gave the job offer letter of B and I-485 was approved, passport stamped and after one month got the Card and got approved under EB2. hope that helps.

** Lawyer was Present with him at the time of Interview .

 

[vj66321]

Hi Jack

Yes, you are right.AC 21 is all about switching jobs with certain conditions which I meet. I'm going to tell things as it is.

Ginnu

Thanks for sharing the experience you heard about.