Ac21- Job Change/i-485 Intent To Hire

A

atishrdas

New Member
Hey Guys I am new in these forum, so if any expert could you please read about my case, I know it is very long, but I would appreciate if you could give me an insightful answer

1) Can I use AC21 after 180 Calender days. Now does it start from Receipt Date or Notice Date. My RD is July 31st 2007 and ND Oct 4th, 2007. I am not quite sure??

2) I work in Company A using H1-B and never filled because company had a small accounting department and my lawyer said not to file in Company A because your LC may not be approved at that time. So I filed in company B, which hold 40% stake in Company A and did me a favor. I filled my LC/I-140 petition in Company B which I have never worked just intent to work once my I-485 is approved or future job.

To make it easier for me, could I transfer my case back from Company B to Company A because now company A has large accounting department and the firm has more than 90 employee and growing, unlike in Year 2004 when I filled for my LC. Company A will provide new job offer letter and related document required for the AC 21 completion. Now under AC21 do I have to show same salary as what is shown an my LC. Is this considered change in employer even thought right now I am using H1-B, and will use EAD in one month's time. My Labor Certification for EB3 was about 75K, can I show around 55-60K, is that going to be a problem.

Now does my I-140 process gets delayed for that if I use AC 21 to transfer my case back to Company A. Do I have re-file and show taxes again and what about RFE, does Company A answers all questions or Company B that initially filled for me.

3) Can I use EAD and work for 2 full-time jobs will there be any issues for my I-140 petition for AC21 because as per EAD I can work in multiple jobs.

Final Question--
"Future job and intent to Hire and 180 day rule after I-485 or GC is approved".. As me being Indian and my PD is not current, so if it takes more than 3-4 years if not more for my I-485 to be approved. Can I work in my sponsored firm for my future job for 180 days after my I-140 is approved and then leave to another job using my EAD. In my case I will be working in "Company A" after transferring using AC21 back to Company A from Company B. Is that acceptable, because after 4 years I may not be able to go to my sponsored firm whether be Company A. They have provided me with the offer letter and taxes and all related document for my case to be legit and not fraud.

Now if I have to wait more than 2-4 years who knows I may have better job opportunities and by then I will not wait and go back to my sponsored firm, and that firm may not provide me with future offer letter, only I can provide Pay stubs and letter stating from my lawyer my job is same or similar to my LC/I-140 petition. I maybe able to get taxes for that firm, which I highly doubt.

This would not have been an issue had my PD been current, it sucks being Indian in the immigration process..sucks....

Now could please give me an answer of all 4 questions of my thread..I would greatly appreciate so I can clear all my doubt about my case

Thanks
 
answers below:
1. Your 180 day countdown will start from the receipt date.
2. I think, it is safer to invoke AC-21 after I-140 approval. Please read the AC21 details here. Please note that the new job (for GC) should be similar to the current one.
3. Yes you can work for more than 1 job in EAD.
4. Please note all employment based GCs are for future employment. In addition, you can change employment multiple times using AC21.
 
Can you please answer one more post to clarrify all doubts

I am really confused, please help me. I just spoke with the officer at USCIS IO. They say they look at everything in terms of AC21 from I-485, meaning LC/ same or similar occupation and so on, the adjusticator officer looks at.

In terms of AC21 do I have to make similar salary as stated in my Labor Certification, which was 75K. Can I make less than 20K less, even-though I am in same geographical location and use my EAD for my new job, which is NYC.

Once I change and use AC21 and get it approved, do I have to provide an offer letter in the interview process for my I-485, which I believe will happen end of 2008 or beg 2009. I will be working in Company C or Company D using my EAD card for more than 1 year, so I cannot I get offer letter for future job at that day rather show the offer letter when I was hired initially along with my paystubs.

The IO said the offer letter "intent to hire or promise" is part of the I-485 application which I already submitted as part of the petitioner from Company B, who filled for you LC/I-140

She said once your I-140 is approved or pending 180 calendar days, and your job occupation is same or similar you should be fine for using AC21 to change employers. If you are in good terms with petitioner and followed proper procedure for AC21, you should be fine of the transfer. She states job title and duties is not important because I told her I may get promotion from Analyst/Accounting to Senior Analyst/Accountant or make more than what the offer or LC is showing that states 75K... I told her me being Indian my PD is not current so it may take 4 years to get GC, and by that time I will make more than the LC. She only told me the occupation has to be same or similar not the job duties or job title.

They may ask to update the offer letter if interview is needed and proof of pay-stubs on your part. Final note about future job or intent to work for 180 days for the petitioner is not applicable. Once you get the GC you can work anywhere and it won't affect the GC renewal or applying for Citizenship after 5 years of resident. That offer letter is just a promise not required, and by 2-3 years times employer or employee change their mind, so you don't have to go back to the petitioner who filled for LC/I-140.

Anyway please someone explain me so that I not freaking out about my case in terms of AC21. Can I make 55K will that be ok for AC21 Change and use EAD..And in future intent to hire can I work for Company B or Company C using EAD and not have to go Petitioner and just show my offer letter when I initially worked, if I have an interview for I-485.

Please some response
 
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