AC21 for EB1?

cany

Registered Users (C)
Can AC21 be used for EB1 outstanding researcher without LC? How to define "same or similar" job since I've no LC?

Any help is highly appreciated!
:rolleyes:
 
Originally posted by cany
Can AC21 be used for EB1 outstanding researcher without LC? How to define "same or similar" job since I've no LC? Any help is highly appreciated!

Isn't the job defined in the I-140?
 
cany

Eventhough EB1 outstanding researcher does not need LC, it is still sponsored by an employer based on your research. My feeling is, if you change jobs, it should be in the same area of research.

Your new job should be similar to the job description you gave during I-140 filing.
 
job description in I-140

there was a short job description in I-140 i guess but i haven't received a copy of my I-140 so i'm not quite sure.

btw, does anyone know how to obtain a I-140 copy? it looks like my attorney won't send it to me.

:rolleyes:
 
cany,

Your job description will not be in the I-140 form itself. It will be in the additional evidence that you would have provided along with the I-140 application. I am pretty sure you must have described your acheivements as a scientist and also your current projects.
 
In EB1 there is one sub category which is Extraordinary Ability (EB) and one can be self sponsored. I am wondering how AC21 will apply in that case.

Probashi
 
probashi,

I am in the same situation. Applied in EB1 extraordinary ability and changed job 200 days after filing I-485. I did not inform BCIS about job change but informed about address change. I moved from New York to Oklahoma.

Last week I got RFE saying I need to show some sort of financial support for myself so that I will not be a burden for this country. An employment letter with current salary will do. I just sent that and waiting for the approval.

I am not sure how AC21 will apply. According to the RFE it doesn't seem that I need to have a job. All I have to show is I have money to support myself.
 
kmysore02:

I am in similar situation like you. I am also an EB1 Extraordinary Ability applicant and changed my job around 300 days after applying I485. I also informed my change of address. But my FP might have expired as I gave it on 05/11/02 and BCIS received it on 06/03/02. I hope the later date will count. My RD 01/14/02 ND 01/25/02 EAC0209451xxx.

I am interested to know about your RFE as I can expect a similar one soon.

Probashi
 
same here

(ND 4/17/02) EB1 sub category a) - self sponsored, no job requirement.

I have no intension or need to change job until GC approval. But I still wish to get it as soon as possible. My headaches are:

1) I-140 was erroneously approved for CP (I CLEARLY marked: applicant is within US and will apply for AOS). INS sent my petition to NVC after approval. I chased NCV and told them I would apply AOS. NVC noted and held my file there for BCIS to retrieve when BCIS starts to process my I-485. An extra step (asking file back from NVC) = extra delay.

2) My child was under 14 when I applied I-485 and no FP was required (not allowed even you want to - BCIS goes by they book). Now the child is over 14. We will not receive FP notice until they start to touch our case. 1.5-2 months delay again. I hope BCIS system could generate FP notices automatically.

3) As with many April 2002 NDs, my FP will expire before the end of October, 2003. If BCIS does not approve our case by then (18.5 months from ND), I have to do the 2nd FP ?another 1.5-2 months delay.

I hope BCIS will identify all the three needs and issue requests/notices for all of them when they touch our case. If they do it one by one, oh boy, we are not expecting approval until next year.

God bless America. God bless BCIS. God bless all of us AOS sufferers .


Originally posted by probashi
kmysore02:

I am in similar situation like you. I am also an EB1 Extraordinary Ability applicant and changed my job around 300 days after applying I485. I also informed my change of address. But my FP might have expired as I gave it on 05/11/02 and BCIS received it on 06/03/02. I hope the later date will count. My RD 01/14/02 ND 01/25/02 EAC0209451xxx.

I am interested to know about your RFE as I can expect a similar one soon.

Probashi
 
Last edited by a moderator:
YJay:

I understand your situation. It is realyy frustrating to deal with BCIS. I have a question. How do you know that your case is sent for FP and not AOS?

Tnanx.
Probashi
 
notice said so... for CP

The I-140 approval notice for CP is different from that for AOS.

It mentioned something like this (not exact words): ...has been approved and your approved petition has been sent to NVC. You will receive instructions from NVC on proceeding with consular process .... etc.

Later on I received the package for CP from NVC, but stopped them and applied for AOS.


Originally posted by probashi
YJay:

..... I have a question. How do you know that your case is sent for FP and not AOS?

Tnanx.
Probashi
 
YJay

Thanx for your reply. I think your son will definitely require FP as I heard a similar case. There the parents got already approved but the son is requiring FP. So far I know BCIS can automatically generate FP notice and one can go earlier than scheduled date.

Probashi
 
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