AC21 before approval ??

[goforGC]

Is it better to use AC21 to change employer before I-485 approval? According to my information it is not recommended to change employers for atleat 6 months after the approval.

 

[dsatish]

It is definitely not good to leave the GC sponsor immediately after getting GC. If i were to leave my sponsor after getting GC, then i will demand him to pay my old bench wages and also to pay the salary he mentioned in LC. If he can't do that, i will say good bye to him with proper rules (2 weeks notice etc) . Then you can demand relievng letter. If you were never on bench in all these years and your company is paying good salary (as mentioned in LC), then the only thing you can do is somehow get fired from your client site and fail all the interviews and ask him to pay you in bench.Then he will terminate you.

 

[goforGC]

Attorney says....

Chnage employer before approval or wait 6 months after approval.
Can one work for new employer but still be on employee status with current employer?
What does AC21 entail? Documents from new employer? Attorney fees? etc.

 

[AnotherGCApplic]

AnotherGCApplic(AGA) changed jobs before approval

actually, a couple of weeks before an RFE. AGA sent in the employment letter from the new employer, one paycheck from the new and one from the old, and got approved in 3 business days after receipt of RFE.

You can lookup more posts by AGA for more details.

You lawyer is correct, AGA thinks - just that most advise you to wait for an RFE before informing of the job change - in AGA's case, AGA did not even have the time to inform BCIS before the RFE. That is pretty much the only decision you might have to make.

Just make sure, though, that the job responsibility listed in the letter is same/similar to the old one in the LC (even if responding to RFE or informing them about AC21).

hope this helps.

 

[abhi_01201]

I am confused

goforGC

AC 21 can only be used before approval - there is no provision in AC-21 after approval. 6 months post approval theory is more of a rule of thumb to show sufficient intent to stay with the sponsoring employer.

 

[GC012002]

Re: Attorney says....

Originally posted by goforGC
Chnage employer before approval or wait 6 months after approval.
Can one work for new employer but still be on employee status with current employer?
What does AC21 entail? Documents from new employer? Attorney fees? etc.

NO NO NO!

AC21 only covers situations where the I-485 has been UNADJUDICATED for more than 180 days (it means BEFORE approval).
It does not cover anything after approval.

 

[chakmur]

Does it make a difference

if you are not going for citizenship?........

 

[abhi_01201]

It might make a difference even if you don't go for citizenship

If you have a bad break-up with your employee and he reports to BCIS. May even be your co-worker or friend who may not like you for some reason.

Does this happen very often ? - probably not - but again you never know.

 

[saisiree]

goForGC,

My consulting company (desi company) could not place two of my colleagues (who got their GC's few months back) on an assignment. They were asked to go on exteneded vacation with no pay(medical insurance was paid by the company). Eventhough my friends wanted to get a termination letter so that they can claim Unemployment Insurance, the company refused to give termination letter (The company however gave layoff's to all other people who don't have a GC)

In your case, I feel that you either get a termination letter from your company or if they permit go on an extended vacation with no pay.

 

[goforGC]

Thanks AGA,

Thanks AGA,

So does AC21 apply to terminations only?
What documents are needed to be sent from current and new employer?

 

[AnotherGCApplic]

its not just termination

AC21 just means transfer to a different sponsor (similar job duties and pay scale). Documents are just whatever the RFE asks for , although I have no information about the ones required for a regular AC21.

 

[gc_san]

Thanks AGA..

This is a very good discuusion just one what I wanted to start.My RD is in March 01 2002.I am waiting for my approval as well.I got a job like contract to hire (says after 3 months from now).Ofcoure I am working with my current employer more than 3 years but with different clients.

I dont know what to do now whether I can change the job before appoval or I have wait until I get my GC and then chage my job. any suggestions....

Thanks in advance...

 

[dsatish]

If you have a good job offer, go and take it. Your approval may as well take another 6 months. Do you want to wait that long ? A lot of people have used AC21 and got GC.