AC21 Questions

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punithbsampath

Registered Users (C)
I have a quick question and would appreciate your input.

1.My I140 was approved and i am planning to switch jobs using the AC-21 rule. My lawyer has advised me that there is no need to inform the USCIS about the job switch since it is NOT MANDATORY and that there are no published rules from the USCIS.

2.Once you switch jobs using the AC21 rule whom are you accountable to? Employer #1 who sponsored your GC or Employer #2 whom you are going to join using the AC21 rule.

3.Once the greencard is approved is it mandatory that one should go back and work for Employer#1 who had initiated the green card processing.

Thanks in advance for your input.
 
punithbsampath said:
I have a quick question and would appreciate your input.

1.My I140 was approved and i am planning to switch jobs using the AC-21 rule. My lawyer has advised me that there is no need to inform the USCIS about the job switch since it is NOT MANDATORY and that there are no published rules from the USCIS.
------ your lawyer is correct that final AC21 rules are not published BUT USCIS has issed AC21 MEMO that is folooed by officers for use of AC21. FYI if you dont update then the USCIS will send a long list of documents as RFE, if you update now then they may not send RFE as your new employer letter to use AC21 will be attached with your pending I-485 filie at top.
read the MEMO:
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/news/UDportme.html
2.Once you switch jobs using the AC21 rule whom are you accountable to? Employer #1 who sponsored your GC or Employer #2 whom you are going to join using the AC21 rule.
----Employer #2 whom you are going to join using the AC21 rule.

3.Once the greencard is approved is it mandatory that one should go back and work for Employer#1 who had initiated the green card processing.
--- if you have used AC21 and have updated USCIS before your I-485 approval then you should be with employer#2 whose letter for AC21 you used to get I-485 to be approved.
if you dont update and use AC21 and your I-485 is approved you shouldgo back to employer#1 who filed yoyr I-140 and his letter was the base of I-485 approval.
Thanks in advance for your input.
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Ginnu,
Thankyou very much for your excellent answers with references. I strongly suspect that one of the reasons why the lawyer does not want to write a letter to the USCIS regarding the change of jobs is because he is working for my current employer! and I guess that they still want to have some influence on application(I 485) and the fact that if I write a letter to the USCIS I become portable and accountable to employer#2 rather than my current employer.

Probably I should take things into my own hands and using the excellent templates found at this forum construct a letter myself and send it to the USCIS.

Also I recall that when my employer filed for my labor certification it was under a different title and after my LC went thru' I got promoted and my I140 was filed under a different job title but the same skill set. When I write a letter to USCIS stating the job change do you think the different job titles but with the same duties might pose a problem? Also my starting salary in the new job is much higher than that stated on the LC.

I appreciate your help in this matter.
 
punithbsampath said:
Probably I should take things into my own hands and using the excellent templates found at this forum construct a letter myself and send it to the USCIS.

----> As soon as possible, file atleast G-28 so that ur ex-employer's lawyer is no longer representing u. Here is link to the format docs. U should consider hiring a lawyer though.
http://www.immigrationportal.com/showthread.php?t=138094

Also I recall that when my employer filed for my labor certification it was under a different title and after my LC went thru' I got promoted and my I140 was filed under a different job title but the same skill set. When I write a letter to USCIS stating the job change do you think the different job titles but with the same duties might pose a problem? Also my starting salary in the new job is much higher than that stated on the LC.

----> Titles do not matter, job desc does. Skills is just a part of the job desc. About higher salary, if the difference is not enormous (say >50%), u should be ok. The only time salary can be an issue in AC-21 is when USCIS believes that the salary difference is so high that the person cannot be performing a "similar" job. Check DOT/ONET for salary ranges in ur area - that might help too. Here is the link:
http://online.onetcenter.org/crosswalk_search

I appreciate your help in this matter.
Click to expand...

goodluck!

-ab
 
punithbsampath said:
Ginnu,
Thankyou very much for your excellent answers with references. I strongly suspect that one of the reasons why the lawyer does not want to write a letter to the USCIS regarding the change of jobs is because he is working for my current employer!
---that is correct, you should hire YOUR lawyer for your I-485 it belongs to YOU not to employer
and I guess that they still want to have some influence on application(I 485) and the fact that if I write a letter to the USCIS I become portable and accountable to employer#2 rather than my current employer.

Probably I should take things into my own hands and using the excellent templates found at this forum construct a letter myself and send it to the USCIS.
---yes
Also I recall that when my employer filed for my labor certification it was under a different title and after my LC went thru' I got promoted and my I140 was filed under a different job title but the same skill set. When I write a letter to USCIS stating the job change do you think the different job titles but with the same duties might pose a problem? Also my starting salary in the new job is much higher than that stated on the LC.
------- job title is not of much important it is skills or job duties, if you can get approved LC copy Form ETA 750 A then in item 13 you can find your skills written, generaly the skills on LC and I-140 are SAME
I appreciate your help in this matter.
Click to expand...
 
Thankyou

Thankyou to atlantabhopali and ginnu for your stellar advise and providing not only me but thousands of others at this forum. Your invaluble help has helped several people from all walks of life get through difficult phases in our careers with ease. Thanks once again.
 
Reply to AC21 Quick questions

1.My I140 was approved and i am planning to switch jobs using the AC-21 rule. My lawyer has advised me that there is no need to inform the USCIS about the job switch since it is NOT MANDATORY and that there are no published rules from the USCIS.
Ans : I heard it advisable to inform USCIS to avoid later RFE.

2.Once you switch jobs using the AC21 rule whom are you accountable to? Employer #1 who sponsored your GC or Employer #2 whom you are going to join using the AC21 rule.
Ans: Employer #2 as you are using AC21 to switch jobs

3.Once the greencard is approved is it mandatory that one should go back and work for Employer#1 who had initiated the green card processing.
Ans: Employer #2 as you are using AC21 to switch jobs

Disclaimer: Please Note I am not Lawyer Inputs are based on my Knowlodge and information
 
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