AC21 Help

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waitinglist2003

Registered Users (C)
Guys,

I am changing my employer. What is the procedure of AC 21 ?

1. should I send the letter USCIS or I should ask my lawyer to do that.
2. What documents I should Include.
3. My Labor certificate is based on Programmer in 2002-2003, Now I am Development Manager, Responsibilities are pretty much same with addition of Management work. What should I write in letter .
4. Salary is higher than 2003 labor .
5. Any other thing I need to worry about ?
Any help is appreciated.
Thanks
 
Salary being higher is not a problem unless it is so enormously higher that it appears to not be a "same or similar" job.

You must not write the letter. The company must write the AC21 letter and it must include the job description. Or you can decide not to send anything; you are not required to proactively notify USCIS of your AC21 job change. You can wait for them to send the RFE, if they ever send it.

Is your "development manager" job really similar to your original programmer job? With job duties being over 50% similar?
 
Company is going to write a letter for me and I am going to add a cover letter with it. Well current salary is higher 10-15K than mentioned in labor. Well I was working as a team lead before so Responsibilities are not exactly similar but 60-70% similar. As I still write code and do all good stuff beside management .

Also lets say if I do not send anything to them and just be quiet as my application is waiting for Visa number availability. MY PD is Feb 2003 EB3 India. I am hopeful it will be available in few months. How much time I have for AC21 notification or any other issue can happen ? We already went to our local USCIS office last year and they did finger printing and interviewed us.

Any comments ?
 
Last edited by a moderator:
waitinglist2003 said:
Guys,

I am changing my employer. What is the procedure of AC 21 ?

1. should I send the letter USCIS or I should ask my lawyer to do that.
-------- You can directly send or let your Lawyer send the letter to USCIS to invoke AC21 with your pending I-485. If you dont send then USCIS may send RFE(98%) and then you have to reply the RFE and at that time USCIS asks lot of papers like Same/Similar job offer letter, Ability to pay from employer. If I am in your situation I will invoke AC21 by sending Job offer letter to USCIS. you will need Copy of I-485 filing Receipt+ Same/Similar job offer letter from your new Employer+ Cover letter to make a request to invoke AC21 with your pending I-485 receipt number....... A#.......
2. What documents I should Include.
--Read above
3. My Labor certificate is based on Programmer in 2002-2003, Now I am Development Manager, Responsibilities are pretty much same with addition of Management work. What should I write in letter .
------ if you have copy of your LC or can get Copy of LC from past employer or lawyer then you know what job duties or skills were written on LC. if on your new job offer letter your job duties match 80% (with LC) then you are safe. If you have good lawyer let him write the letter then get it signed by your new employer
4. Salary is higher than 2003 labor .
------Not a problem
5. Any other thing I need to worry about ?
--Keep the copy of each document that you send to USCIS.
Any help is appreciated.
Thanks
Click to expand...
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anyone knows the address of Texas Center ? as their site is showing lots of address. Also my application has been moved to Texas and waiting for adjudication, So I should send my papers to Texas center.
 
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