AC21 question - please help me

[NaagaMalli]

I have couple of questions regarding AC21.
I140 - approved on 10/18/04 - Texas
485 applied on 11/18/04 - more than 180 days ago. - Vermont.

I don't know can i change my employer at this point or not ?
I140 and 485 are not concurrently applied. Mean while I140 got approved from Texas. I485 applied in Vermont and it's pending for more than 180 days.

Can i change my employer in this situation, why because mine is not concurrent filing, seondly 140 is from Texas and 485 from Vermont....

I am working in CT for an finance company for last 4 yrs. I want to change the employer, but want to stick with the same client. My top layer consulting company at client place are asking me to join with them, but they are saying that they don't have any contract issues with my company, they are asking me to check the contract what i signed with the employer. Unfortunately i don't have a copy of that. I don't know what i have to do in this situation ?. Some people say those contract signs won't work after some time. Not sure what i have to do at this point. Please advise me guys.

Advises please ...

 

[TheRealCanadian]

Can i change my employer in this situation, why because mine is not concurrent filing, seondly 140 is from Texas and 485 from Vermont

Why would non-concurrent filing, or different service centers affect your AC21 eligibility?

 

[compiler]

I have couple of questions regarding AC21.
I140 - approved on 10/18/04 - Texas
485 applied on 11/18/04 - more than 180 days ago. - Vermont.

I don't know can i change my employer at this point or not ?
I140 and 485 are not concurrently applied. Mean while I140 got approved from Texas. I485 applied in Vermont and it's pending for more than 180 days.

Can i change my employer in this situation, why because mine is not concurrent filing, seondly 140 is from Texas and 485 from Vermont....

I am working in CT for an finance company for last 4 yrs. I want to change the employer, but want to stick with the same client. My top layer consulting company at client place are asking me to join with them, but they are saying that they don't have any contract issues with my company, they are asking me to check the contract what i signed with the employer. Unfortunately i don't have a copy of that. I don't know what i have to do in this situation ?. Some people say those contract signs won't work after some time. Not sure what i have to do at this point. Please advise me guys.

Advises please ...

What contract is not such important but the job (title, duties) NOC/SOC code listed in the LC is very important when you change your job. You even do not have to work for the LC sponsor. But, you must be sure your new job has the same NOC/SOC code, same or similar title and dutiesas as the ones listed in your LC, and your I-485 must remain un-adjudicate 180 days or more. Then you can go for the different employer for the good pay and work condition.

 

[medurisu]

Hi compiler

Can u answer for my case, based on your knowledge:

I am working for employer 'A'
Got I140 approved, using substi labor with future employment from employer 'B'

Once 180 days completes from the Rec Date of 485, can I use AC21 to join employer 'C' with similar title/duties ???

Pls remember I haven't worked for my GC sponsor and not feasible to work......



thanks

 

[GC_GoneCase]

Are u talking here the employment contract like non - compete and some clause which may say you cannot join the client for a year or so after leaving the company?

If you have such a clause, you must check what the state law says. I believe in CA, such contracts are Null and Void by law but many employers use them to scare the employees.

However, it is state specific and in many states, that could become a real issue.

I have couple of questions regarding AC21.
I140 - approved on 10/18/04 - Texas
485 applied on 11/18/04 - more than 180 days ago. - Vermont.

but they are saying that they don't have any contract issues with my company, they are asking me to check the contract what i signed with the employer. Unfortunately i don't have a copy of that. I don't know what i have to do in this situation ?. Some people say those contract signs won't work after some time. ...

 

[compiler]

Hi compiler

Can u answer for my case, based on your knowledge:

I am working for employer 'A'
Got I140 approved, using substi labor with future employment from employer 'B'

Once 180 days completes from the Rec Date of 485, can I use AC21 to join employer 'C' with similar title/duties ???

Pls remember I haven't worked for my GC sponsor and not feasible to work......
thanks

The new AC21 Memo clearly states you do not have to work for the LC sponsor but the employer must prove he does intend to hire you as a permanent employee at the time of filing I-140 and thereafter. As long as your I-485 has been pending for more than 180 days and you have an approved I-140, you can go for any employer, having the same NOC/SOC job code and similar job duties. As for how to prove your LC sponsor’s intension, you should know that better than anyone who has never reviewed your case. Maybe you need to provide a sharp explanation why you have never worked for that LC sponsor although you are in the US. That's it.

 

[medurisu]

Thank you very much compiler for your response.... one more question on your response.....

------ Maybe you need to provide a sharp explanation why you have never worked for that LC sponsor although you are in the US. That's it.

At what situation above explanation would require and to whom ????? you mean RFE on I485. ?????

 

[medurisu]

Need help from Gurus--- Ginnu/Compiler ????

To switch employer, once we submit AC 21, how many days it will usually takes to approve/reject ??

What is meant by AC21 portability, my pending 485 process will be transferred to new employer ????

Can I join new employer immediately, then apply AC 21 ???

If AC 21 rejects, what happens do I need to quit this employer and go back to LC sponsorer ???

Appreicate any help

 

[kansar]

Hello GC_gonecase

This is what I was looking from a long time ..thanks for the info. Here is my Case-----
An Agreement was written between my employer and the middle layer saying that my employer can't
take him out in between and direct with my company.This was 2 year agreement and said they cannot become direct to the client for a year or so after leaving the company.So my company was not willing to move upon my request and i'm loosing lot of money because of the middle layer.
Actually I was not a part of this game..but my employer signed this contract without my consent and I was looking to do GC at that time . So I have added this guy in between as my employer.
I work in CA.

so as you said Its not applicable to CA I mean the agreement which says not to join until 1 year ? Where can I find the source. If you can give me it would be of great help and I can show them as a proof.

Please some one who knows the answer to the above question get back to me...

Thanks and awaiting for your valuable reply...

Are u talking here the employment contract like non - compete and some clause which may say you cannot join the client for a year or so after leaving the company?

If you have such a clause, you must check what the state law says. I believe in CA, such contracts are Null and Void by law but many employers use them to scare the employees.

However, it is state specific and in many states, that could become a real issue.