Hi guys
This is a thread to clear my doubt and also will be helpful to others in a similar situation. I see various postings in the forum here and there and are all deeply buried. Definitely cases vary for each person but I hope this thread will give some variety.
My details :
Category - EB1 - OR
I-140 approved - Jan 20 2004
I-485 RD - Sep 27 2002 (pending for about 17 months)
Finger print - Nov 18 2003 (first one)
Changed job after 2 weeks of my I-140 approval
Should I send AC21 letter to BCIS or not ? Or should I wait
for approval / RFE ? Below is my detail.
--------------------------------------------------------------------------------
# - Item Earlier Company Present Company
-------------------------------------------------------------------------------
1. - job title same same
2. - salary same same
3. - job description similar similar
4. - size ~ 1500 ~ 1500
5. - Revenue similar similar
6. - type of business exactly same exactly same
7. - service center VSC VSC
8. - State MA MA
---------------------------------------------------------------------------------
Note : The two companies are leaders in the world in their
business. I can mention it in the letter if I need to send
one. And also the previous employer has assured me that
they are going to support my GC till the end and so
the attorneys are also very co-operative.
Here are different opinions about sending AC21 letter.
1. My attorney (from my former employer) says that there is no
need to send any letter to BCIS. His view is based on the
following facts.
(a) He never received any RFEs for I-485 for those who
applied from my earlier company as this is a well
established one (there are many guys who applied for GC
from this company)
(b) I am switching over to another company with almost
identical background with identical salary, job title and job
description
2. Another opinion from the forum says that applying for AC21
only delays the case. If BCIS asks for details then one can
provide further details.
3. One another opinion says that the rule does not say that it
is mandatory inform BCIS. ( but it is always better
to inform BCIS ).
4. Another one says that if there is any conflict in any of the
items (like job title, salary, job description, company's ability
to pay salary etc) it may be very critical. (it will be good if
BCIS approves without any RFE).
5. Some postings say that if BCIS wants to raise any issue they
can raise it before approval. So why not take a chance and
why stir the nest unnecessarily.
I would appreciate comments on this issue and any other issues which I didn't include here.
Thanks guys
Sekar
Boston
This is a thread to clear my doubt and also will be helpful to others in a similar situation. I see various postings in the forum here and there and are all deeply buried. Definitely cases vary for each person but I hope this thread will give some variety.
My details :
Category - EB1 - OR
I-140 approved - Jan 20 2004
I-485 RD - Sep 27 2002 (pending for about 17 months)
Finger print - Nov 18 2003 (first one)
Changed job after 2 weeks of my I-140 approval
Should I send AC21 letter to BCIS or not ? Or should I wait
for approval / RFE ? Below is my detail.
--------------------------------------------------------------------------------
# - Item Earlier Company Present Company
-------------------------------------------------------------------------------
1. - job title same same
2. - salary same same
3. - job description similar similar
4. - size ~ 1500 ~ 1500
5. - Revenue similar similar
6. - type of business exactly same exactly same
7. - service center VSC VSC
8. - State MA MA
---------------------------------------------------------------------------------
Note : The two companies are leaders in the world in their
business. I can mention it in the letter if I need to send
one. And also the previous employer has assured me that
they are going to support my GC till the end and so
the attorneys are also very co-operative.
Here are different opinions about sending AC21 letter.
1. My attorney (from my former employer) says that there is no
need to send any letter to BCIS. His view is based on the
following facts.
(a) He never received any RFEs for I-485 for those who
applied from my earlier company as this is a well
established one (there are many guys who applied for GC
from this company)
(b) I am switching over to another company with almost
identical background with identical salary, job title and job
description
2. Another opinion from the forum says that applying for AC21
only delays the case. If BCIS asks for details then one can
provide further details.
3. One another opinion says that the rule does not say that it
is mandatory inform BCIS. ( but it is always better
to inform BCIS ).
4. Another one says that if there is any conflict in any of the
items (like job title, salary, job description, company's ability
to pay salary etc) it may be very critical. (it will be good if
BCIS approves without any RFE).
5. Some postings say that if BCIS wants to raise any issue they
can raise it before approval. So why not take a chance and
why stir the nest unnecessarily.
I would appreciate comments on this issue and any other issues which I didn't include here.
Thanks guys
Sekar
Boston