AC21 from NSC - Jaxen, Jim Mills Help Please!

O

orca

Registered Users (C)
I am about to change jobs under AC21 from NSC to CSC past 210 days of my 485. My questions are ---

1. Do I have to let NSC know right now or should I wait until an RFE is issued? I guess I need to let them know of my change of address since I wouldn’t have any address under NSC any longer?

2. Does NSC actually physically transfer my file to CSC? If so, do they wait until when they actually work on my RD or do they transfer the file immediately upon receipt of address/job change?

3. How is this going to affect the time frame of the 485 adjudication?

4. My new job has the same responsibilities, a slightly higher salary, but also a slightly different title (new one is Research Scientist, which is higher ranking, than Research Associate, which was the old one)? Is this something I need to be concerned about?

5. Finally, are there other AOS waiters who are in the same situation and changed jobs between service centers?

Since I don’t wish to restart the GC process, I will only take up the job under CSC if there aren’t any potential problems arising. Please, could you post your comments on this? Your comments would be invaluable.

Thanks a bunch.
 
NSC to CSC?????

I was from NSC and currently working in CSC but my papers are still processed in NSC. Not sure who told you that it will be transferred.

I am working with another employer using AC21.

This is not a legal opinion. Consult a lawyer to be sure.:mad:
 
How about this

For fact One of my best friends working in Milwaukee (WI) for Keane got his approval from VCS without any problem. His company's HQ is in Boston and his lawyer chose to file I-140 and I-485 from VSC. For me that makes sense, we consultant move a lot do you think INS will keep on moving our files from one service center to another every six or three months?!!! My guess is you have two options of service center when your are filing your I-485 a)company's HQ b)Your current location.
My stupid lawyer never agreed with that and now I am screwed. See my previous posting in another thread.
 
I think 4htyearnsc is wrong on this case

QUOTES from "4htyearnsc"
"My stupid lawyer never agreed with that and now I am screwed. See my previous posting in another thread."

I think 4htyearnsc is wrong on this case. My attorney said that 485 should be filed at the center that covers where your work at the time of filing. I also heard same thing from friends. You don't seem to have a second choice as where you file 485.

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Orca's question is really a tough one, but the truth seems that you don't have to inform NSC about the change of employer.

Surely you need to update your address with INS, but reporting to INS change of employer is a seperate issue. There seem to be many cases on this board that people's addresses are not within NSC covered states, and they got approval with RFE or without RFE.

Note my opinion cannot be used as legal refereces. Your decision should be based on info from your attorney.


Good luck to Orca!
 
thanks

Thanks, gcwaiter, for the sincere wishes! Hopefully, the US postal service will continue forwarding any RFE/approval notices until I change the address.
 
Another Online Reference

http://www.usvisanews.com/wedquest061202.html

This web site seems to have some (or much) credibility.

4. I filed an I-485 Application to Register Permanent Residence or to Adjust Status in December 2001. I am now planning to change my job. Is it reasonably safe to do so without affecting my chances of getting green card, relying on the AC21 rule for portability? Also can you please tell me when and how can I inform the INS of my change in employers in regard to the pending I-485 application? Do I need to inform INS before I change employer or after the change? Or only if an RFE comes during final adjudication?

A: If 180 days have passed since the filing of your I-485 and your new position will be in the same or similar profession, then it is reasonably safe to change employers. (You should of course make sure that the new company is a reliable, willing, and financially sound "substitute" sponsor before making the change.) The regulations are not yet available for this law to describe in detail the mechanics of the notification requirements, however it appears that you should write the INS a letter notifying them of the intended change contemporaneously. The INS will then issue a request for further evidence about your new employer. While an amended I-140 is not required under this new law, written notice to the INS is. Thus, you should not wait for the INS to issue an RFE before notifying them of your change in employment.
 
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