AC21 question

R

RajeshJ

Registered Users (C)
Hello,

It has been 18 months since I filed my I-485. I have a job offer from my customer (they have taken formal approval) from my company to hire me.

1. According to AC21, "The Service should continue to expect the applicant to submit a letter notifying INS of this change in intent"

When do we need to inform BCIS - before joining the company (when I have an appointment letter) or immediately after joining the company or wait for the first pay stub? I have seen some suggest that wait till RFE. I am not sure if that is a good idea.

2. What documents are appropriate with the letter?

(I know this has been discussed few times, but I couldn't find a thread with a comprehesive answer).

Thanks in advance.

Regards
Rajesh
 
My lawyer strongly suggested to NOT inform BCIS about use of AC21 voluntarily. She is with Fragomen in NYC and she told me that she spoke with several top lawyers at the firm to confirm - all of them recommended "Not Ask, Not Told" strategy.

I have posted AC21 related letters in a previous posting on this board. Try the search function again with 'helge' & 'AC21'. I posted the letters some time ago in response to somebody with a similar question. If you still can't find it let me know (I am right now at work and don't have the letters on my computer, but I can post them later when I get home, if needed).
 
I have seen some postings where candidates haven't informed, but they have been approved (even after an RFE).

Has there been a case where it has been rejected because the candidate didn't inform? The AC21 wordings suggests that even if you "intend" to switch, you should inform BCIS. I hope, not informing shouldn't be viewed as fradulent intent.
 
Rajesh

I don't think that it is mandatory to inform BCIS of your job change - they prefer it that way. My idea is it will not be considered fraud if you do not inform them. If you get RFE/interview - then show job change in similar position/salary with apointment letter/pay stubs. Again - this is a grey area and may be interpreted differently.

Theoretically - you would expect BCIS only to know when you file AR-11 - practically that's not easy for them to track. Seems to me - you are not moving so that does not apply in your case.
 
Hi Rajesh,
AC21 does not say (even indirectly) that we have to inform BCIS about job change. It is only BCIS interpretation (rather expectation) that we should inform them. They can't enforce what's not in law books. So don't worry.
 
My follow-up question is

My EAD will expire in Dec. To be on the safe side, my current company's lawyer suggested that I file for renewal. What happens if I switch to the new company. Should I submit renewal through the current company or wait till I switch and submit through the new company.
 
EAD allows you to work for any companies in the U.S. without restrictions. If you do the renewal yourself, it's irrelevant whether you want to file it now or later after you've joined the new company. Just make sure you file the renewal 4 months before it expires.

Now -- if A company is going to pay for your EAD renewal, I guess you need to talk to the HR of both companies, to find out which one is going to write the check.
 
I have been approved yesterday and i used AC21 law.

i havent informed INS about my change of job.

Please see my detailed post coming up in next couple of minutes.

Vr76413
 
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