AC21 after GC approval

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gc791188

Registered Users (C)
Guys,

I have seen many interesting discussions on this board. I would like to discuss the applicability of AC21 after GC approval. I understand that all lawyers are waiting for INS regulations on this law. Based on my reading and understanding, there are two schools of thought:

1) AC21 does not apply after GC is approved.
If this is true, then it is safer to quit existing employer before GC approval (and after 180 days), than waiting for GC approval, if one intends to change employer. Does my reasoning make sense?

What if a person wants to change job just before getting the approval? He looks at the INS website and switches the job.

2) AC21 does apply even after GC is approved.
In this case, one can change employer right after getting the GC. Now, what happens to "INTENT to WORK" clause. Does it mean that "INTENT to WORK" is rendered void due to AC21 once 180 days have past?

Why is it so confusing?
 
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easy answer

1. Yes
2. It is difficult because the effect will be known when you renew GC or when you apply for citizenship. From 2001(when AC21 came out) it is at 2011 or 2006. What will INS do? wait till 2006... By that time the regulations should be out , dont you think- addressing this issue..
 
AC21 after GC approval
Guys,

I have seen many interesting discussions on this board. I would like to discuss the applicability of AC21 after GC approval. I understand that all lawyers are waiting for INS regulations on this law. Based on my reading and understanding, there are two schools of thought:

1) AC21 does not apply after GC is approved.
If this is true, then it is safer to quit existing employer before GC approval (and after 180 days), than waiting for GC approval, if one intends to change employer. Does my reasoning make sense?

**You are correct if one does not want to work with the original GC sponsor and I-485 has been pending more than 180 days, better to join the new employer

What if a person wants to change job just before getting the approval? He looks at the INS website and switches the job.
** You can change the job any time before Approval and your I-485 should be pending more than 180 days, better is to send the new employer letter and change in Intent to INS before they approve your I-1485. if you look at INS site and wait for your approval date it is not a good idea because INS does not approve I-485 in order. Do you know that in August 2002, INS VSC Transferred many files to Baltimore Local INS office and everybody got Interview letter in one month and all of them got GC approved, many who applied before are still waiting, you can not predict INS by looking at INS site that now they are approving I-485 of so and so date

2) AC21 does apply even after GC is approved.

** NO, AC21 Apply only to pending I-485 more than I80 days and new job should be in SAME or Similar

In this case, one can change employer right after getting the GC. Now, what happens to "INTENT to WORK" clause. Does it mean that "INTENT to WORK" is rendered void due to AC21 once 180 days have past?

Why is it so confusing?

** Once you get GC for your Original GC sponsor or with new Employer through AC21, you are supposed to work with the GC sponsor Employer for minimum 1 year to 6 months, If you change the employer immediately after GC then the problem of Intent will be discovered at the time of your Citizenship and INS will interpret that it was immigration “Fraud” and you may loose the GC. But if the employer gives you a Letter that he has no job after few months after working with him after getting GC then you are in good position, One of the Lawyer says that if you were working with the company on H1 before getting GC, INS may be less concerned, if you work only 5-6 moths after GC with same employer, the other lawyer says that if you find a good job after working with the GC sponsor employer for few months and your payment in New job with new employer is much more than the GC sponsor employer then it can be valid reason to change. Different Lawyers have different interpretations, but it is always safe to work for 6 months to a year after getting the GC with the same employer to be safe.
 
Thanks Avtaar

Thanks for your reply. However, AC21 was introduced to increase the competition in US. I feel that the AC21 not applying after GC conflicts with the underlying principle of AC21. It is very likely that what you are saying, is true. This a sad. Isn't it?

Now, assuming that AC21 does not apply after getting GC, is it possible that sometime after 180 days (and before getting approval), applicant changes his intent to work for original employer and join a new employer. Since GC is for future job, he can still continue working for the original employer till his GC gets approved. In such case, how should one proceed?

1) Send a letter of intent with relevant paperwork to INS before getting the approval.
2) Wait for the RFE so that he can show the new employer as his future employer?

I see something wrong with the "AC21 not applying after getting GC".
 
I am Sorry I did not understand your question

"Now, assuming that AC21 does not apply after getting GC, is it possible that sometime after 180 days (and before getting approval), applicant changes his intent to work for original employer and join a new employer. Since GC is for future job, he can still continue working for the original employer till his GC gets approved. In such case, how should one proceed? "

1) Send a letter of intent with relevant paperwork to INS before getting the approval.
2) Wait for the RFE so that he can show the new employer as his future employer?

** IF you are working with A and your I-40 and I-485 was filed and 180 days have passed and you still want to work with A after your I-485 is Approved then no need to Inform INS and INS may not send any RFE

**If your I-140 was filed by A and then I-485 was also filed and 180 days have passed and you want to work with B after GC then you should Sent letter to INS about your Employer Swith and Intent Change and let them know you want to use AC21, Becase it will be attached to your File and you may not get RFE for New Employer letter from INS becase if you do not inform, INS may Approve the I-1485 for A and then after GC you have to work with A for one year to 6 moths


I hope this helps!!
 
Here is what I did:

My I-485 was filed in Nov 2001 and I changed job in first week of Sept 2002. And my I-485 got approved in the last week of Sept 2002 without any RFE.

I took the letter from the new employer which was not the exact match with the job title and the job responsibility on the GC.

I discussed with my lawyer the new employment letter and he agreed that it is not as bad as they had imagined and good enough to fight and win in case there is an RFE.

I also got Jaxen's opinion regarding the same and he was also positive that it is good.

On top of it my GC sponsor employer did not have any issues and were ready to issue me another letter in case there was an RFE.

I never informed INS of this last minute job change and used AC21 portability that is still a gray area.

Got my stamping done in the first week of Oct 2002 and now waiting for the plastic cards.

Please write if you need more information, I will be happy to share my experience.

Good Luck!!

Desi-Bhai
 
Questions..

Desi-bhai,

When you switched in the first week of September, did the new employer file for an H-1B transfer for you? Or, did you switch using your EAD?

A friend of mine unfortunately got laid off.. He filed for I-485 in Dec 2001.. and he has EAD.. the lawyer is telling him that to use the 180 day AC21 law, he will have to find an employer offering a similar position AND willing to transfer/sponsor an H-1B.. the lawyer says my friend cannot use EAD because the EAD is for finding a second and third jobs that are secondary to the primary job.. and the primary job must either be with the original company or a new company in similar position but using H-1B in any case.. hope i am making sense..

please let me know..

thanks,

srg
 
The attorney is wrong if I understand the situation correctly. There is no requirement to maintain H-1 status post filing the I-485 and receiving AP and EAD. The person is eligible to work for any employer on the EAD and travel internationally on the AP.

Immigration law is not tested at all on the bar exam in any state that I am aware of. Neither is bankruptcy, securities, tax, real estate, corporate, international or many other areas of law. Sometimes an essay question will touch some of these areas but they are never the primary focus of the question. Immigration is never even mentioned anywhere that I know of.
 
Thanks!

Thanks very much, Jim and ghost! My friend and I are very relieved because showing EAD to the new employer and starting work immediately is a lot less stressful that having to do H-1B transfer.

--srg
 
For abtoaajabhai, I have read your posting I have few concernes:
Here is what I did:

My I-485 was filed in Nov 2001 and I changed job in first week of Sept 2002.
Q.---- DID you inform the INS immidiatly regarding employer change before your I-485 was Approved

And my I-485 got approved in the last week of Sept 2002 without any RFE.
Q------Did you get the I-485 Approval for old employer and then you informed the INS about Employer change, when did you submited the Employer change and new letter?

I took the letter from the new employer which was not the exact match with the job title and the job responsibility on the GC.

I discussed with my lawyer the new employment letter and he agreed that it is not as bad as they had imagined and good enough to fight and win in case there is an RFE.

I also got Jaxen's opinion regarding the same and he was also positive that it is good.

On top of it my GC sponsor employer did not have any issues and were ready to issue me another letter in case there was an RFE.

I never informed INS of this last minute job change and used AC21 portability that is still a gray area.

Q.---- How did you used AC21 portability do you mean than when you went for your GC stamping at local INS office then you submitted the New Employer Letter?

Please write if you need more information, I will be happy to share my experience.

Good Luck!!

Aur - ek-Desi-Bhai
 
After consulting couple of attorneys

and some other portals, I tend to believe that AC21 does apply even after the GC.

People may disagree, though.

All AC21 says is that I-140 is portable once I-485 has remained un-adjudicated for more than 180 days (Source: INS memo for AC21). It does not talk about AC21 not applying after adjudication.

When Congress introduced AC21, purpose was to bring AOS applicants at par with CP applicants in terms of mobility as far as GC is concerned. For H1B candidates, the purpose was to increase their mobility. Therefore, I think INS will have a very weak case if at all they decide to give smeone hard time because he has changed job after GC approval.

Here is an interesting link to Ron Gotcher's view on this issue
http://www.immigration-information.com/showthread.php?threadid=1077
 
Originally posted by inders99
For abtoaajabhai, I have read your posting I have few concernes:
Here is what I did:

My I-485 was filed in Nov 2001 and I changed job in first week of Sept 2002.
Q.---- DID you inform the INS immidiatly regarding employer change before your I-485 was Approved

A.--- I did not inform INS of employer change before I-485 was approved.

And my I-485 got approved in the last week of Sept 2002 without any RFE.
Q------Did you get the I-485 Approval for old employer and then you informed the INS about Employer change, when did you submited the Employer change and new letter?

A.--- I never informed INS of employer change. Got I-485 approved without any RFE. Read carefully my post you will get the answers.

I took the letter from the new employer which was not the exact match with the job title and the job responsibility on the GC.

I discussed with my lawyer the new employment letter and he agreed that it is not as bad as they had imagined and good enough to fight and win in case there is an RFE.

I also got Jaxen's opinion regarding the same and he was also positive that it is good.

On top of it my GC sponsor employer did not have any issues and were ready to issue me another letter in case there was an RFE.

I never informed INS of this last minute job change and used AC21 portability that is still a gray area.

Q.---- How did you used AC21 portability do you mean than when you went for your GC stamping at local INS office then you submitted the New Employer Letter?

A.---- I never submitted any new employment letter, why don't you read my post again.

Please write if you need more information, I will be happy to share my experience.

Good Luck!!

Aur - ek-Desi-Bhai [/QUOTE
Click to expand...
 
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Dear abtoaajabhai,
I have read your 2 posts
"I took the letter from the new employer which was not the exact match with the job title and the job responsibility on the GC"

A) You have Changed the Employer
B) your I-485 was approved it is not clear that It was approved for the Orignal Employer or for the New Employer, you have not cleared that it was approved for Orignal Employer as you state that you have not sumited any letter to INS before I-485 approval, same time you write that you prepared a letter for new job from New employer with similar job duties and discussed with Jaxen and Lawter
C)This confuses others becase if you took a new Employer letter it means at some time you submited the new employer letter and used AC21, the confusion is at what time you submited the letter to INS? If you have not submited the letter then what was the need of New employer letter? are you working for the orignal employer? if yes then what was the need for new Employer letter and AC21?
Do mean to say that your I-485 was approved for Orignal Employer and while I-485 was pending you did not Supplied any new employer letter and your I-485 was approved for old Employer and when you went for GC stamping you gave INS new Employer letter and used AC21.
I hope you will clear the above.
Regards
Abhi- Nahin - Aya _ Bhai
 
I think the main question is what it means to 'use AC21' ?

If you start working for a new company 2 weeks before getting stamped, does it mean you are using AC21 ? I dont think so.

I believe, you have to send a letter of change to INS and then get it stamped.

But the important question is, does the GC or stamping actually contain the name of the company for which it is used ? If so, then it makes sence. Otherwise how does INS know which company you are working for ?

Even at the 'potential' case of citizenship, do they ask for all your tax filings, W2s ?
 
I dont see any confusion here

All abtoaajabhai did was :

1. Changed job just before 485 Approval(for somereason)

2. Took a letter from the new employer in case of any RFE (to be safe)

3. Fortunately he got his 485 approved without any RFE.

Now the letter he took from new employer is out of the pic .


He goes to INS and gets his PP stamped .(NO company is mentioned on it I saw it) surrendring his EAD etc .

now he is waiting for Plastic cards simple ....

Man you guys complicate things for no reason dont break your heads out of tension ,think calmly

hope it helps others...


(abtoaajabhai I guess I am right!!!:D )

I couldnt stand the questioning of such a simple posting by abtoaajabhai
 
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Dear SVSS
According to your post what I observe is that he never submited a letter from New employer to INS after change and his I-485 got approved for the old emplyer
He got the GC stamp but if his I-485 was approved for Past employer than he should be working with the employer whose I-I-140 he used and got I-485 approved

It means he has not used AC21 and he is supposed to work with the employer whose I-140 he used for I-485 approval and got the GC
it is true that GC stamp has no company name but accoding to law he is supoosed to work for past employer but he is working with new employer after or before GC

He may have problems later becase if you get GC for Company A you should work for company A for 1 year or 6 months. I am not expert I only post what I read from others or from lawyer websites
 
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