AC21 - Help

kannegan

Registered Users (C)
Hi,
I need suggestions on using AC-21. Can you guys help me to understand the process in my case:
1. Currently i am working for Company A (consulting company), who filed my GC..
2. Now i am in 485 stage (RD:11/02). My I-140 approved in 02/03. Currently i hold second EAD, but still working in H1.
3. Now i got a full time opportunity with Company B (one of the top 5 companies) and i want to join that company using my EAD.
4. Company A, won't object because i worked for them more than 3 years.
5. The problem comes is Company A field my GC LCA with technologies A & B, which i worked a long back. But from the last 3 years i am working in technology C, which helps me to get this full time opportunity.
6. Company B wants to check the LCA designation, job description to compare their requirement. But the technologies which i have to work are not in LCA
7. I saw couple of documents regarding AC-21, which was saying we need to keep the same or similar designation, but didn’t mention about the technologies etc...
8. So, is it going to a problem for me? Currently my GC processing with a big lawyer and the Company B will take over the process, if i join them.
9. What is the general process, when we change the companies using AC-21. Do the new companies inform the INS regarding the change or they just support if INS puts a RFE? What are the options, I have in either of the way.

Please help mw in this case. I will appreciate your valuable suggestions.

Thanks for your help,
Sunil
 
My thoughts

- If Company B can provide you a Employment letter (close to and similar to your LC) when you get a RFE your are fine.

Most of the job descriptions in the LC are very abstract anc can be tweaked a little bit. Talk to your company B and their lawyer regarding this.

- Do not inform INS until your geta RFE.

These are my interpretations. MAY ort MAY NOT HOLD good for you. Talk and ask all this to your lawyer.

Best Wishes
 
Thank you, iamvj. I really appreciate your suggestion. I will ask my lawyer and post my experience in the next 2-3 weeks.

Thanks,
Sunil
 
Top