AC21 - Change of Employer

T

tsr1974

Registered Users (C)
Hi,
Since my I-485 is taking long due to Background Check, I decided to change my employer with EAD, assuming my current employer don't have problem.

What documents do I need to get from my currecnt employer, before I join new.

Could sombody please explain process to go safer side. Below are my case details.

Any help is appreciated.

Thanks
 
1. Original or Copy of 485 Receipt Notice
2. Original or Copy of 140 Approval/Receipt Notice
3. Copy of Labor Certification Approval
4. Copy of Labor Certification Application that shows
.......a. Job Duties
.......b. Job Educational/Experience Requirements
.......c. Job Designation
.......d. Job Salary
5. Latest Paystubs
 
GreenCardVirus said:
1. Original or Copy of 485 Receipt Notice
2. Original or Copy of 140 Approval/Receipt Notice
3. Copy of Labor Certification Approval
4. Copy of Labor Certification Application that shows
.......a. Job Duties
.......b. Job Educational/Experience Requirements
.......c. Job Designation
.......d. Job Salary
5. Latest Paystubs
Click to expand...


GreenCardVirus, Thanks for your response. Do I need to file AC-21 before joining new company or after joining?

Could you please explain process of changing employment if possible.

Thanks in advance
 
1. Find a New Job

2. Ask if your new employer will support continuation of GC with their lawyers. If they say Yes, then it is your choice, if they say no then....

3. Can you do it on your own ? If not .....

4. Find your own lawyer, tell you need AC21 support, talk money (typically 1.5k to 2.5k for AC21 alone).

5. Lawyer will generally ask for documents listed in earlier post PLUS employement letter from new employer indicating New Job Title, Role, Duties and Salary. (Look in the Sticky thread for details).

6. Make sure your new company will provide all the material new lawyer is asking. Some companies are hesitant to do this to an outside lawyer. This is when you can go with company's lawyer if they have one.

7. Get all the relavant material from old employer.

8. Start the new job.

9. Fill up G-28 Form for I-485. This form just tells USCIS that the Lawyer mentioned on the form will represent you from now on on this 485 case.

10. Have your lawyer send AC21 Letter with supporting documentation like EVL (Employment Verification Letter), new pay stub if you receive any etc. etc. along with G-28 Form. AC21 letter basically states that YOU are working so and so new employer and changed because you crossed 180 days on 485 and that your new job is same as listed on labor etc..

11. Pray nothing goes wrong
 
I guess, we do not require copy of 140 approval notice.
most of the compnaies do not provide approval for 140.

Please correct, if I'am wrong ..

thanks
 
You are right, for 485 and 140, even printouts of Online status from USCIS website will do.

Most important is to have copy of labor certification. If one cannot get that too, them he or she must know the Job Description, Title, Salary, Educational Requirements on the labor certification. It is important to match these with the new job.
 
Changing job after GC approval

Hi Gurus..

One of a my friend got apporved his GC for him and spouse. He has been working with that company for the past 10 months. Can he change his job and take a permanent position. Is there any time period to stay with current employer for a specific period. He got approval last month.Pl. advice ...

Thanks in advance
 
GreenCardVirus,
I am in a situation where I don't have the details of LC. I want to use AC21. Does the company usually use the real jobs and duties in LC or are they any different. I'm into Network & Sys admin, and as per the O*NET codes there is only one job category called 'Computer Network Administrator', category.
So my guess is the company must have used the same job title for my LC/140 (EB2). Is there a chance they could have shown me as a Systems analyst?
Also the 4 experience letters that I had provided while applying for 140 described I was into network/sys admin.
Would really appreciate, if you could post ur thoughts.

thanks
DS

GreenCardVirus said:
You are right, for 485 and 140, even printouts of Online status from USCIS website will do.

Most important is to have copy of labor certification. If one cannot get that too, them he or she must know the Job Description, Title, Salary, Educational Requirements on the labor certification. It is important to match these with the new job.
Click to expand...
 
DSLstart said:
GreenCardVirus,
I am in a situation where I don't have the details of LC. I want to use AC21. Does the company usually use the real jobs and duties in LC or are they any different.
Click to expand...

Frankly, you would'nt want to speculate on this one.

Btw, when you signed the labor certification forms, did you make a copy?

I applied labor 3 times so far. The job description put down by lawers is often crazy and meaningless to a good extent. They usually try to use what works for them.

A line in my labor job description "fine tuned application using VB, Java, HTML" What the hell is that supposed to mean?

If your company is not co-operating, best option is use FOIA (Freedom of Information Act to get Labor Certification Copies).
 
GC Virus / HR,
Thanks for the replies.
The HR got me signed 140 forms in so hurry at their office, so I couldn't see the complete LC. But still is it possible that company can apply under a job title such as Systems Analyst / Programmer Analyst even though the main job function is systems/network admin related ?

thanks,
DS

GreenCardVirus said:
Frankly, you would'nt want to speculate on this one.

Btw, when you signed the labor certification forms, did you make a copy?

I applied labor 3 times so far. The job description put down by lawers is often crazy and meaningless to a good extent. They usually try to use what works for them.

A line in my labor job description "fine tuned application using VB, Java, HTML" What the hell is that supposed to mean?

If your company is not co-operating, best option is use FOIA (Freedom of Information Act to get Labor Certification Copies).
Click to expand...
 
GreenCardVirus said:
Yes, just be warned that as per other members on this board, the response time is like 4 months.
Click to expand...

Haven't got a clear answer to this? Will I140 approval notice copy be given if I485 is not filed. I heard its taking a year from FOIA.
 
GreenCardVirus said:
1. Original or Copy of 485 Receipt Notice
2. Original or Copy of 140 Approval/Receipt Notice
3. Copy of Labor Certification Approval
4. Copy of Labor Certification Application that shows
.......a. Job Duties
.......b. Job Educational/Experience Requirements
.......c. Job Designation
.......d. Job Salary
5. Latest Paystubs
Click to expand...


Thanks GreenCardVirus,
I got all above documents from employer, ready to change my employer from may 1st.

I did see LUD on my case today, what happens if I get approved before I file AC-21 ( assuming I file AC-21 after I get 1st paystub from new employer).

or can I file AC-21 as soon as join new employer?
any help would be appriciated.

Thanks
 
Guyz,

Is there any proper reason we can ask our employer to give a copy of approved labor other than telling about AC21 use?

please share your experience

Thanks
 
GreenCardVirus said:
1. Original or Copy of 485 Receipt Notice
2. Original or Copy of 140 Approval/Receipt Notice
3. Copy of Labor Certification Approval
4. Copy of Labor Certification Application that shows
.......a. Job Duties
.......b. Job Educational/Experience Requirements
.......c. Job Designation
.......d. Job Salary
5. Latest Paystubs
Click to expand...

Hi GreenCardVirus,

What if one is a beneficiary of a Labor Substitution?.I have copy of the Labor filed for the Original beneficiary and i was later substituted for him.Do i still send a copy of the labor filed for the original beneficiary? Or i can simply send them a new offer Ltter with a copy of I-140 and I-485?? Also,Wont the USCIS have a copy of the labor in the file??

Regards
 
mailing address

I would appriciate if anybody can provide AC-21 mailing address for VSC.

Thanks in advance
 
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