AC21 or not

W

waitingforbreak

Registered Users (C)
Folks, I'm planning a job change and hope to use AC 21 but I expect for my GC to be approved any day now. My dilema is should I go ahead and take the plunge and file AC21 in case I get an interview, or should I wait to get the approval and then shift gears.
I have debated and debated on this. To change immediately after GC seems to violate the intent, whereas before approval I may not have sufficient time to file AC 21. Plus it may involve a location change including a center change. I am not too keen on waiting another 6+ months after the GC, and I may not have the kind of offer that I now got.
I have already recieved RFE and replied to it last month.
Million $ Q: What would be my best plan of action?
My wac is 02046
All inputs will be most valuable so thanks for pitching in.
 
my pitch is to

wait for a month or two. Coz you can almost smell it and why messing it up at last min
 
I'm in the same dilemma. I spoke to my lawyer to get help. This is what he told me:

There is no need to let CIS know right now that you are changing jobs. Let them process the case as normal. If and when they call for interview or send RFE, my lawyer would prepare the AC21 letter, the EVL ("similar" to the one attached with 140) - signed by my my new employer and represent me at the interview as well.

In essence, it should not be a problem, PROVIDED you can get the EVL carefully prepared to satisfy the "similar" criteria for AC21. Also, make sure your salary is not higher than 10k from your LC salary.

Hope this answers your question.
 
Your job offer is certain, GC is not. I would switch jobs, be happier and say "Fuck the GC!" It will come when it comes. You are not doing anything illegal by taking up the new job.
 
Originally posted by waitingforbreak
Wonder why no one else seems to have anything for me. Still waiting.
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I know we don't have a life and live on the forum most waking hours but an hour is not too long to go without responses! I would wait till the message slips to page 2 before the consipiracy theory is released! :)

But to answer your question, I would say emphatically, CHANGE JOBS NOW! Much better to change jobs under AC21 than after GC, (if you have been following other threads, you will know what kind of gray area we are talking about).

There is no % in waiting for GC and then changing jobs, if:
1. You already have a better job in hand.
2. Been waiting 180 days.
3. Replied to RFE
4. Made sure you are covered under AC21.

Good luck, and I am sure once Niladri30/BitterMan/Mygcwaiting100 get back from lunch they will devour this thread! :)
 
Originally posted by tiklebit
Also, make sure your salary is not higher than 10k from your LC salary.
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What is the basis for this especially if the prevailing wage is higher? And where does it say 10k?
 
tk_tk

Originally posted by tk_tk
wait for a month or two. Coz you can almost smell it and why messing it up at last min
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Is there a reason behind the above advice? Or just lethargy to change?
Originally posted by tk_tk
Also, make sure your salary is not higher than 10k from your LC salary.
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That was from the left field as well. Pray why not more than 10K? I was under the impression the more money you make over LC the better. It is the job description that has to be similar not salary!
 
Originally posted by 140_takes_4ever
I know we don't have a life and live on the forum most waking hours but an hour is not too long to go without responses! I would wait till the message slips to page 2 before the consipiracy theory is released! :)
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:eek::eek::eek: Point taken, also got sore nose due to intense rubbing on the floor. :eek::eek::eek:
 
waitingforbreak,

My considered opinion (I'm not a lawyer), is that if I were in your place I would change under AC21.
 
Re: tk_tk

Originally posted by 140_takes_4ever
Pray why not more than 10K? I was under the impression the more money you make over LC the better. It is the job description that has to be similar not salary!
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The prevailaing wage has decreased a lot compared to '99 - 2000. It's a fact! The rationale behind the 10k is to play safe.

the more money you make over LC the better Nope......no way! I'm not a lawyer but that is what my lawyers told me. IF called for the interview, you may have to prove that it is NOT the higher salary that prompted you to abandon your sponsoring employer....a very difficult situation to be in - remember the good faith criteria in EB? Statistically, a range of +/-10k is considered a safe range to be in because that is the salary range a particular occupation would normally be offered.

These are my opinions.... feel free to toss out!
 
Break Boy

One thing that intrigues me is that you say you have received an RFE and responded to it. So why are u worried?

Let's take the odds for getting a second RFE, very low, so in your case your GC is almost there. So what the heck change jobs, no need for filing AC 21,
 
Re: Re: tk_tk

Originally posted by tiklebit
IF called for the interview, you may have to prove that it is NOT the higher salary that prompted you to abandon your sponsoring employer....a very difficult situation to be in - remember the good faith criteria in EB?
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Don't mean to crap, but seriously, why would you say that moving jobs signifies good faith but getting a higher salary doesn't? That sounds pretty oxy-moronic to me. Here is a quote from Murthy.com wrt AC21
The June 2001 INS Guidance explains that the I-485 applicant requires a letter from the new employer verifying the new job offer and providing the following details: the new job title, job description, and salary. Although AC21 does not contain any restrictions on salary, the INS clarifies that this information on salary is necessary in order to determine whether the I-485 applicant is admissible under the public charge provisions. A person who fails to meet the public charge provisions could be inadmissible under law.
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Going by the above it is very evident that the only reason you are requested to make same or more salary than LC to make sure you will not become a public charge!

These are the following reasons I would change a job in the same field: (Remember that is the main criteria of AC21)
1. More money
2. More growth
3. Extragenous reasons like closer to home/work conditions etc.

Anything else would be contrary to AC21, even more responsibilities is contrary to AC21. So the main criteria is MORE MONEY.

Conclusion:
I don't know what your lawyer is smoking but obviously it is something pretty good, and it is time he passed it around!
 
Re: Re: tk_tk

Originally posted by tiklebit
Statistically, a range of +/-10k is considered a safe range to be in because that is the salary range a particular occupation would normally be offered.
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More shit!
 
Thanks for the comments gopher!! I'm flabbergasted!!

Do you actually mean that if you are currently at 85K, you actually can get a job for 150k? Wow!! Gr8 guns there!!
 
from another forum

Just happened to read the salary stuff, so posting my reply.
In a recent murthy chat, she said that much higher salary can be a problem because you would need to justify that it is the "same or similar" job and still you are getting a much different salary.
This is from within the last 4-5 week's chat.
 
When I changed my job, nearly 300 days after applying I-485, I did not inform INS. After 7 months I changed the job, I got RFE for which my lawyer prepared AC21 document and submitted. Within six days they received my case was APPROVED !

With my new employer, I am making nearly 20K more than what I was getting when I filed for LC.

One of my friend also did the same thing, and he too got approved. Bot of us did not inform INS, until we got RFE.

So if you are getting a better offer, you should go for it.:)
 
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