Thanks for sharing your experience. I am surprised and concerned - did Frago. create any problems for you? Can you please share those - our lawyers are Frago. too! Please PM me in case you do not want to post it here...
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AC21 no need to file anything
- Thread starter ykhan
- Start date
Thanks for sharing your experience. I am surprised and concerned - did Frago. create any problems for you? Can you please share those - our lawyers are Frago. too! Please PM me in case you do not want to post it here...
TheRealCanadian
Volunteer Moderator
But if you change job before 485 approval and do not submit AC21 papers then don't you have to work for the sponsoring employer after 485 approval?
No. Since USCIS will not have data about your job change they may ask at natz time, but so long as you retain evidence of when the job change occurred and the basics of the job (offer letter, pay stubs) to prove that it was genuine there shouldn't be an issue.
rsrinivas27
Registered Users (C)
Thanks
You mean I get the GC thru' employer B and keep working for Employer A on H-1 and even after getting GC w/o submitting AC21 paper.
But how will I prove job change during naturalization. Just get a offer letter from current employer and save the paystubs/w-2?
What are the risks if I invoke AC21, Employer B will never revoke 140, that I am confident.
You mean I get the GC thru' employer B and keep working for Employer A on H-1 and even after getting GC w/o submitting AC21 paper.
But how will I prove job change during naturalization. Just get a offer letter from current employer and save the paystubs/w-2?
What are the risks if I invoke AC21, Employer B will never revoke 140, that I am confident.
No. Since USCIS will not have data about your job change they may ask at natz time, but so long as you retain evidence of when the job change occurred and the basics of the job (offer letter, pay stubs) to prove that it was genuine there shouldn't be an issue.
Thanks for sharing your experience. I am surprised and concerned - did Frago. create any problems for you? Can you please share those - our lawyers are Frago. too! Please PM me in case you do not want to post it here...
Don't be concerned. In my experience, Fragomen was polished and efficient. You're in good hand.
I was very naive and careless. I-140 revocation never dawned on me as a possibility because 1) the company is not savvy enought to know about all that (or so I thought); 2) I had a very good relationship with my department and I assumed they won't harm me. I was so wrong:
1) the company may not be savvy but the lawyers are. I guess it's a due process for Fragomen to ask the HR whether they want to keep the case open or close.
2) It didn't matter I got along with the people I worked with. After all it was the HR manager who signed all my immigration papers and coordinated with the lawyers. Unfortunately he happens to be an a**hole...
Combine 1) and 2) and you see I got a huge problem. It took me many phone calls, emailes and sleepless nights...
Just don't let your guard down if you're to leave the company before your I-485 is approved and the lawyers are hired and paid by the company.
Thank you very much for sharing your experience.
Don't be concerned. In my experience, Fragomen was polished and efficient. You're in good hand.
I was very naive and careless. I-140 revocation never dawned on me as a possibility because 1) the company is not savvy enought to know about all that (or so I thought); 2) I had a very good relationship with my department and I assumed they won't harm me. I was so wrong:
1) the company may not be savvy but the lawyers are. I guess it's a due process for Fragomen to ask the HR whether they want to keep the case open or close.
2) It didn't matter I got along with the people I worked with. After all it was the HR manager who signed all my immigration papers and coordinated with the lawyers. Unfortunately he happens to be an a**hole...
Combine 1) and 2) and you see I got a huge problem. It took me many phone calls, emailes and sleepless nights...
Just don't let your guard down if you're to leave the company before your I-485 is approved and the lawyers are hired and paid by the company.
Since I had started this thread some time back, I want to end this by saying I finally got the email that my Green Card has been ordered . I had changed my employer back in January 2007 and I never filed anything regarding AC21, that is what even Rajeev Khanna advised me to do. So all those people who have or are planning on changing employer DO NOT file AC21 especially if your case is complicated and 6 months have passed since I140 was approved.
good to hear. Have you changed your address as a result of your new AC21 employment change? If so, have you informed or updated new address to the USCIS?
My question is, if we change job from one state to another state, will they issue RFE for employment?
dancininthedark
Registered Users (C)
Will it come up during citizenship that you had changed jobs without informing USCIS. If yes then how can they find out that you had changed jobs?
I changed jobs and also the new company transferred my H1B with the same title.
So the offer letter from my company that went with the H1B transfer, my paystubs and salary mentioned on labor papers is that enough to prove that I did not do anything wrong during citizenship even though I did not file AC21.
I changed jobs and also the new company transferred my H1B with the same title.
So the offer letter from my company that went with the H1B transfer, my paystubs and salary mentioned on labor papers is that enough to prove that I did not do anything wrong during citizenship even though I did not file AC21.
dcmetro22042
Registered Users (C)
More and more I hear that one does not need to file AC21. I personally know of so many individuals who switched jobs without having issues with GCs. As for citizenship there should be no bearing on using AC21. My sincere advise is that let's not put in our minds esp relating to citizenhsip
InTheMoment
Registered Users (C)
RealCanadian/others -- answers ?
I got my I-140 approved in June 07 (filed concurrently with I-485 in June) and my I-485 will complete 180 days in pending status in Dec 07.
1.) I plan to change job to a similar one but in a different state early next year (180+ days after I-485 RD). Obviously I would have to change my mailing address.
2.) I will have to rescind my present company attorney representation (by withdrawing form G-28) and represent the I-485 myself by sending that info to USCIS.
Not planning to send AC21 porting initimation to USCIS when I change jobs.
Now will be the above two points be a red flag for the adjudication officer to send an RFE for EVL ??
Has anybody gone thro or heard someone going thro' two above scenarios?
thanks !
I got my I-140 approved in June 07 (filed concurrently with I-485 in June) and my I-485 will complete 180 days in pending status in Dec 07.
1.) I plan to change job to a similar one but in a different state early next year (180+ days after I-485 RD). Obviously I would have to change my mailing address.
2.) I will have to rescind my present company attorney representation (by withdrawing form G-28) and represent the I-485 myself by sending that info to USCIS.
Not planning to send AC21 porting initimation to USCIS when I change jobs.
Now will be the above two points be a red flag for the adjudication officer to send an RFE for EVL ??
Has anybody gone thro or heard someone going thro' two above scenarios?
thanks !
InTheMoment
Registered Users (C)
splendini,
A few questions regarding your AC21 porting.
1.) Did you have Fragomen represent you even after the porting ? If so did they charge you for anything at all after the port.
2.) Good to see that you did not get an RFE for EVL. Wondering if that was because you moved close to your old address...was your I-485 RD not too old..or exactly what!
I am thinking of porting without AC21 intimation to CIS when I complete 180 days in Dec and thinking of ways of eliminating chances of an RFE for EVL.
Of course I will change to a similar job and all that but it might have an address in a different state.
your help would be most appreciated !
A few questions regarding your AC21 porting.
1.) Did you have Fragomen represent you even after the porting ? If so did they charge you for anything at all after the port.
2.) Good to see that you did not get an RFE for EVL. Wondering if that was because you moved close to your old address...was your I-485 RD not too old..or exactly what!
I am thinking of porting without AC21 intimation to CIS when I complete 180 days in Dec and thinking of ways of eliminating chances of an RFE for EVL.
Of course I will change to a similar job and all that but it might have an address in a different state.
your help would be most appreciated !
Thank you ykhan. My I-485 was approved yesterday. I changed job in February. My new company lawyer advised me not to send anything to USCIS since it would only raise a red flag. Then this thread further encouraged me not to do so.
One thing - ABSOLUTELY make sure that your old employer won't send I-140 revocation. In case you hired your own lawyer, it won't be a problem. But if the company financed the process through their laywers, they have the leash. And there's a risk. In my opinion, whether the old employer files for withdrawal or not is even more important whether you file AC21 or not. Even if you parted on good terms, you don't know what they will do. That's what happened to me, almost. A long story. Even if your I-485 has been pending for more than 180 days, etc., the revocation might trigger a slew of problems. There are more people involved you might not take into account - for example, the company lawyers (in my case, the damn Fragomen) will definitely raise the revocation option to the HR. So just be careful and don't trust anyone!
WellWisher007
Registered Users (C)
We still have to send the "change of address" notification, correct? What are the different entities we need our address change notified? Is there a clear literature regarding "change of address" notification during "Adjustment of Status" pending?
Thanks in advance!
Thanks in advance!
I had a brief conversation with my attorney yesterday, he told me if I decide to change jobs under AC21, as long as the position and duties are same/similar, and my I-140 has been approved for at least 6 months I don't need to send anything to USCIS, he mentioned if I ever get an RFE for current EVL, that's when I send the letter from the new company stating date I joined, description of position and duties and compensation. I need to mention he is a top-notch, tough as nails immigration attorney who is a part of the best lawyer's in America publication and serves on the board of AILA.
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Remember, this is just my opinion, consult a qualified attorney to get precise answers to your questions.