AC21/Employer change question
- Thread starter GCfewer
- Start date
Jharkhandi
Registered Users (C)
You can change your employer - no issues. Whoever told you the other piece is wrong.
Jharkhandi::
i am not so positive with AC21. Don't think legacy INS applications are cabable to handle this issues. Remember we noticed last month same labor for two people issue. and the lawyer got confirmation letter.? What you will you do if your company uses your labor for some one else too. How we can handle these things? i think we better stay with these blood drinkers for another couple of months and use AC21.
i am not so positive with AC21. Don't think legacy INS applications are cabable to handle this issues. Remember we noticed last month same labor for two people issue. and the lawyer got confirmation letter.? What you will you do if your company uses your labor for some one else too. How we can handle these things? i think we better stay with these blood drinkers for another couple of months and use AC21.
Jharkhandi
Registered Users (C)
dashDurai said:
I respect your individual choice. About those cases - they are going to get NOID(notice of Intent to Deny). If they can show that they did it correctly under AC-21 - they will get GCs. If you inform USCIS in time - you will not have any problem. Don't allow blood suckers one second more, it is matter of years the way it seems to be moving and not of months. One of my friends has been thru this and still after almost 1 year - one person is waiting for 485 to be completed and I know he will continue working one or two more after getting card - so that it doesn't sounds fraud - see?
dashDurai said:
Even though it is posted to Jharkhandi let me answer that since i might be in same situation soon.(hopefully I140 gets approved)
The solution is when you change the job inform CIS with letter from new employer and attach respective memo which was issued in aug 4 th 03 and clearly state in the supporting letter that you intend to change the employer based on the AC21 memo which was issued in Aug 02 i think.
so you need to attach 2 memos one for Ac21 and for employer can't revoke the I140 or reuse the labour after 180 days of I485 ND.
Attaching copy of approved I140 and also approved labour Cert (including from ETA750A & B ) may not be bad idea.
so if CIS still does what it did to the user mentioned then you can actually request expediate process since it is their fault. look for reasons for expediating the App process.
I think in the above case the user didn't inform CIS about the change of the job.
If the employer tries to reuse the Labour then the poor applicant will be denied I140 after long wait.
Posted a new thread at Tier1. Let us see what we will get in response..
http://www.immigrationportal.com/showthread.php?t=129215
http://www.immigrationportal.com/showthread.php?t=129215
Jharkhandi
Registered Users (C)
Yes - can be used with sub-labors too.
exploited_forGC
Registered Users (C)
Thanks for info
Jharkhandi said:
I guess you are talking about the letter from new employer to USCIS. What is considered in time, and what is too late for this letter? Any fixed time? I changed my job (after 180 days, i140 not approved), its been 1 month already my new employer is delaying the letter. Do you think that could be a problem?
Also, since we are discussing this I have a related question: should the new salary info be included in the letter?
Jharkhandi
Registered Users (C)
There is no time definition about a 'resonable' time period.skosian said:
It is better if you can wait till 140 approval(as there is no guideline for 140 not approved situation in AC-21). Contrary to what you think problem maybe a boon in disguise.
There are samples available in AC-21 section of portal for the letter. It is good idea to mention salary.
skosian said:
make sure that you have right date of employement on the letter once you get it. If i were you i would be making sure that your previous employer is not trying to revoke the I140.
skosian said:
Yes it is always better to include salary and job title and job description..
below is the sample letter. You can also include company profile (like activites .incorporated etc..) at the end.
Thank you guys for your answers. I am lucky to be in good terms with the old employer so he won't be revoking my i140 I am quite sure, besides he is not hiring anyone in my place since he laid me off for luck of projects, so no point in revoking.
The reason I would prefer not to include my new salary is because it is lower by 11,000 from my old salary (which in turn was exactly what was stated in the labor certificate). This might be considered as a "different" job as opposed to "same or similar" job because of a significant difference in pay, and might cause a problem.
The reason I would prefer not to include my new salary is because it is lower by 11,000 from my old salary (which in turn was exactly what was stated in the labor certificate). This might be considered as a "different" job as opposed to "same or similar" job because of a significant difference in pay, and might cause a problem.
AC-21 Questions
I would like to expand the question what GCFEWER has asked. Please reply your comments:
1. After getting I-140 approved and I-485 applied for more than 180 days. Can one change job with AC-21 as of today?
2. What problems one can face from the previous employer that can affect his/her Green Card?
3. What documents he/she need from the new employer to send them to USCIS for the AOS and is they’re any time limit to send those document.
4. What question may be asked from him/her about the JOB Change at the time of final Interview (If any)
5. What happens if he gets laid off from the new job he/she joined?
6. What happens if he/she changed the job and at that very same time his GC gets approved before even he/she sends the documents from the new company.
Please give your opinion
Th-x
VK
I would like to expand the question what GCFEWER has asked. Please reply your comments:
1. After getting I-140 approved and I-485 applied for more than 180 days. Can one change job with AC-21 as of today?
2. What problems one can face from the previous employer that can affect his/her Green Card?
3. What documents he/she need from the new employer to send them to USCIS for the AOS and is they’re any time limit to send those document.
4. What question may be asked from him/her about the JOB Change at the time of final Interview (If any)
5. What happens if he gets laid off from the new job he/she joined?
6. What happens if he/she changed the job and at that very same time his GC gets approved before even he/she sends the documents from the new company.
Please give your opinion
Th-x
VK
Jharkhandi
Registered Users (C)
1. Yes very much.
2. Legally none. Illegal side is he/she may kidnap you.
3. All that is needed is a letter as posted by hmd. USCIS will ask you if they need anything more in terms of RFE.
4. It is legal process and you have informed. Don't worry about questions.
5. Find another job of similar nature.
6. Needs to work for old employer for sometime(again undefined) to show GC was not fraud(if one is going for citizenship).
2. Legally none. Illegal side is he/she may kidnap you.
3. All that is needed is a letter as posted by hmd. USCIS will ask you if they need anything more in terms of RFE.
4. It is legal process and you have informed. Don't worry about questions.
5. Find another job of similar nature.
6. Needs to work for old employer for sometime(again undefined) to show GC was not fraud(if one is going for citizenship).
vkg said:
To add what sutradhar (aka mole/spy ) has said you can include Ac21 memo and also memo from Aug 4 03 with the covering letter explaining that you intend to change the jobs based on the above memos.
below is are the memos and covering letter. you can get full the text of ac21 (in pdf )at uscis.gov too
Jharkhandi
Registered Users (C)
See I could see future!
Thank hmd.
Thank hmd.
exploited_forGC
Registered Users (C)
485 pending
I 140 approves and 485 pending and 180 days completed from date of 485 filling date, can I work on EAD without using AC21 ie not working with my current employer and work with other company ( look like part time ) ? Please let me know
I 140 approves and 485 pending and 180 days completed from date of 485 filling date, can I work on EAD without using AC21 ie not working with my current employer and work with other company ( look like part time ) ? Please let me know
Jharkhandi,
Here is the scenario of a friend of mine.
I 140 : Approved in Mar 2003.
I 485 : Applied in Sept 2003.
Asked to resign during client holidays/vacation from Dec 22 through Jan18. Rehired on Jan 19.
When he approached to quit the job in Mar 2004 (after 180 days) - he was threatened by his employer saying that as he was rehired on Jan 19 and hence his 180 days is not complete.
Is this true in first place?
Now this guy is apprehensive to quit even after 180 days from Jan 19th - being afraid of possibility of citing the resignation submitted on Dec 22nd and hence 180 days. Is there way how this guy can prove that the entire resignation process was intended to be deceptive in nature to offset 180 days law?
Thanks,
Here is the scenario of a friend of mine.
I 140 : Approved in Mar 2003.
I 485 : Applied in Sept 2003.
Asked to resign during client holidays/vacation from Dec 22 through Jan18. Rehired on Jan 19.
When he approached to quit the job in Mar 2004 (after 180 days) - he was threatened by his employer saying that as he was rehired on Jan 19 and hence his 180 days is not complete.
Is this true in first place?
Now this guy is apprehensive to quit even after 180 days from Jan 19th - being afraid of possibility of citing the resignation submitted on Dec 22nd and hence 180 days. Is there way how this guy can prove that the entire resignation process was intended to be deceptive in nature to offset 180 days law?
Thanks,