AC21 Query (Urgent).. Please help

I

India07

New Member
Hi,

I filed my I-485 during 2007 July-August fiasco and got my EAD in October 2007. But I have never used my EAD as I was working on H1B visa. I was laid off from my job almost 3 months back. Now I have got an offer from a company with same job profile but with lesser salary (more than 20% less).

Per many immigration websites, AC21 filing is not required but it is highly recommended. One can change an employer with same job profile and equal/more salary while his I-485 is pending with more than 180 days and I-140 is approved.

My question is, is it really needed for me to file AC21 now as I will be getting lesser salary with the new employer? If I don't file AC21, what will be the consequences?.

I would appreciate your suggestions.

Thanks,
 
India07 said:
Hi,

I filed my I-485 during 2007 July-August fiasco and got my EAD in October 2007.
But I have never used my EAD as I was working on H1B visa.
I was laid off from my job almost 3 months back.
Now I have got an offer from a company with same job profile but with lesser salary (more than 20% less).

Per many immigration websites, AC21 filing is not required but it is highly recommended. One can change an employer with same job profile and equal/more salary while his I-485 is pending with more than 180 days and I-140 is approved.

My question is, is it really needed for me to file AC21 now as I will be getting lesser salary with the new employer?
If I don't file AC21, what will be the consequences?.
---------------------- [B]if you are eligible for AC21 and you dont invoke AC21 then USCIS can send RFE with long list of documents and USCIS can also send NOID to reply for NOID more money to lawyer. RFE or NOID will go to the lawyer who filed I-485 and sent form G28.
I will file for AC21 if I am eligible for AC21 and new employer is ready to give job offer letter with same/similar job duries. [/B]

I would appreciate your suggestions.

Thanks,
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I am in similar situation. I recently got an offer and joined this new company. New Job title and nature of job is very similar to what my GC application is filed for with previous employer. I am also getting lesser (around $2000/annum) salary compared to my previous employment. I am planning to invoke AC21. Does anyone see any problem in this? Also is there any timeline to invoke AC21? I already passed over 24 days in this new job. Also I am travelling to India on AP next week (31st July). Should I invoke AC21 before I leave US or can I do that once I am back on August 9th? Appreciate for your time.
 
getmeGreen said:
I am in similar situation. I recently got an offer and joined this new company. New Job title and nature of job is very similar to what my GC application is filed for with previous employer. I am also getting lesser (around $2000/annum) salary compared to my previous employment. I am planning to invoke AC21. Does anyone see any problem in this? Also is there any timeline to invoke AC21? I already passed over 24 days in this new job. Also I am travelling to India on AP next week (31st July). Should I invoke AC21 before I leave US or can I do that once I am back on August 9th? Appreciate for your time.
Click to expand...

you can do once you are back. if you think your PD is going to be current in August then file AC21 now.
 
G-28 lawyer replacement

Sending the AC21 documentation involves putting together the EVL (with jub duities, salary) etc right. So if we no longer want the original lawyer who submitted G-28 can we remove them from them Application until we replace a new lawyer ? Or is it ok take out the original lawyer from the app process and not place any one on record?
The situation is arising because of the new company to which AC21 transfer is happening. They do not have any lawyer and talking to them it is emerging that its pretty tough to convince the HR that I will hire and pay my own counsel.
Pl advise....
 
RajChowdary said:
Sending the AC21 documentation involves putting together the EVL (with jub duities, salary) etc right.
----------------- when send invoke AC21 you also send copy of your I-485 filing reciept with new employer same/similar job offer letter

So if we no longer want the original lawyer who submitted G-28 can we remove them from them Application until we replace a new lawyer ?
--------------------You can remove the lawyer any time by writing to USCIS with your I-485 filing reciept and writing that you request to revoke form G28 sent by lawyer XYZ as XYZ No more represent you and any future communication from USCIS should be sent to you directly on your home address………….

Or is it ok take out the original lawyer from the app process and not place any one on record?
----------------------read above.
The situation is arising because of the new company to which AC21 transfer is happening. They do not have any lawyer and talking to them it is emerging that its pretty tough to convince the HR that I will hire and pay my own counsel.
Pl advise....
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---------------------------
 
O-net code

Guys
Another quickfollowup question.
I tried to make a copy of any doc that was shared withme by the attorney during the GC process. So after reading the docsline-by-line I figured my job title is SOFTWARE ENGINEER. For this, When I was looking in o-net site there is the same title under APPLICATIONS and the other under SYSTEMS. They both have similar descriptions. Does it matter one or the other if we are invoking AC21. I still have not got any response from FOIA. So Doing other leg work. so plz help if you got any inputs.
 
RajChowdary said:
Guys
Another quickfollowup question.
I tried to make a copy of any doc that was shared withme by the attorney during the GC process. So after reading the docsline-by-line I figured my job title is SOFTWARE ENGINEER. For this, When I was looking in o-net site there is the same title under APPLICATIONS and the other under SYSTEMS. They both have similar descriptions. Does it matter one or the other if we are invoking AC21. I still have not got any response from FOIA. So Doing other leg work. so plz help if you got any inputs.
Click to expand...

dont go by DOT code Or O-net code. if your job title on LC/I-140 is SOFTWARE ENGINEER then let the new employer write the same title on Job offer letter. FYI USCIS cares about same/similarJob duties. let the new employer write the same job duties(as on your LC) on job offer letter that you or your lawyer is going to send to USCIS to invoke AC21.
 
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