AC21 and the new employer

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waitingformyGC

Registered Users (C)
If one left Company A (which filed I140 for him/her) and joined Company B after 180days of I485 filing, what kind of criteria must company B meet?

I understand that the employee must be doing similar job in order to use AC21 to continue the GC process. But shouldn't there be any requirements for the new company? Otherwise, he or she can just ask some friends to start a company and hire him/her?

I read some threads talking about "RFE for proof of ability to pay wage". What kind of proofs?
 
Originally posted by waitingformyGC
If one left Company A (which filed I140 for him/her) and joined Company B after 180days of I485 filing, what kind of criteria must company B meet?

I understand that the employee must be doing similar job in order to use AC21 to continue the GC process. But shouldn't there be any requirements for the new company? Otherwise, he or she can just ask some friends to start a company and hire him/her?

I read some threads talking about "RFE for proof of ability to pay wage". What kind of proofs?
Click to expand...

IF . and only IF you get RFE before your approval, you wud be required to provide to BCIS
1, Employment Letter > Stating your Job role + Salary
2, Pay stubbs recent ones.. 3, I guess
3, Your previous ... Tax returns

I have not heard that you wud be required to produce evidence for the new co. paying capability .. as long as your Tax is paid .. you are safe .. How ever this is my personal view .
 
I agree with Cheekoo,

The REF you are referring "RFE for proof of ability to pay wage" is for REF you generally received I-140 stage. if your immigration petition is already approve (I-140) then in adjustment of status (i-485 mearly verify your personal document and sometime want to make sure you are working somewhere in same field.

I hope this help.

JB





Originally posted by waitingformyGC
If one left Company A (which filed I140 for him/her) and joined Company B after 180days of I485 filing, what kind of criteria must company B meet?

I understand that the employee must be doing similar job in order to use AC21 to continue the GC process. But shouldn't there be any requirements for the new company? Otherwise, he or she can just ask some friends to start a company and hire him/her?

I read some threads talking about "RFE for proof of ability to pay wage". What kind of proofs?
Click to expand...
 
Thanks Cheekoo. Are those evidences your described BCIS's requirement or rules of thumb?

What if the new company is a start-up. No revenue yet?

I heard that the new company has to be in line with the previous company who filed the I140 petition.

Below is on my I140 petition:
1) Brief description of the company, its business, its customer base, last year's revenue.
2) Statement saying the company has been doing business for at least one year in the U.S.
3) Offered position, its description and salary.

So what is the minimum requirement for the new company if it cannot meet the same criteria as the previous company? (I'd imagine in most cases, those 2 companies don't match.)
 
Company might have to show there projected revenue with documents and deals in a sealed envlope to INS that they hv ability to pay you on permanent bases if its small startup company. This has been asked by INS on some of the RFEs.
 
Originally posted by waitingformyGC
Thanks Cheekoo. Are those evidences your described BCIS's requirement or rules of thumb?

What if the new company is a start-up. No revenue yet?

I heard that the new company has to be in line with the previous company who filed the I140 petition.

Below is on my I140 petition:
1) Brief description of the company, its business, its customer base, last year's revenue.
2) Statement saying the company has been doing business for at least one year in the U.S.
3) Offered position, its description and salary.

So what is the minimum requirement for the new company if it cannot meet the same criteria as the previous company? (I'd imagine in most cases, those 2 companies don't match.)
Click to expand...

I have given you the answer, as per AC21, you are not required to get any additional papers from new company.

All that matter atthat time is YOUR TAX returns ..... Its a proof itself that you are getting paid ,, thats obviously your company is paying you and issuing W2 .. the cross check is already done ...

Be at ease ....
 
Thanks Cheekoo. I understand that AC21 doesn't require that, but I am just asking IN THE CASE BCIS requests that in the RFE. Just like ghost-rider mentioned.

Note that I only have the tax return for 2002 right now as everyone else has. So if BCIS were to request MY tax return, I can show them that. But that's for the period when I was still working for the old company. If I join the new start up company this year, I won't be able to show proof that the new company has the ability to pay me using last year's tax return form, right?

Will bank statement help if the start-up company doesn't have any revenue yet when BCIS RFEs?

Appreciate any further advice!
 
Hi

I have the same situation too. but what does that mean by similar job (job description / job title) ? how do they define it ?

Is it those my job description is sent to BCIS when I applied on the labor cert or I140 ?

thanks :)
 
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