AC21 --Should we inform INS proactively about change of EMPLOYER?

[BigBuddy]

Hi,

I have completed about 7 months after 485 RD.

My 140 is approved. EAD and AP are done.

I wish to change my employer now . My Lawyer is saying this can be done without any problem. But he is asking me to Inform INS as soon as i switch EMPLOYER.

Do we need to inform INS OR wait for their RFE ? (what makes more sense)

Attorneys logic is --In case my current employer informs INS after i leave them , INS may revoke my 485 if i have not informed them about AC 21 portability 'Proactively'

Any urgent help/reply in this matter will be greatly appreciated



Thanks in Advance

Big Buddy

 

[sb_tiger]

1. As per the law/guidelines- you are expected to infrom BCIS but not required to. Different people do diferent things it all seems to work out.
2. If 140 is approved and 485 is pending more than 180 days- 140 can not be revoked. If employer attempts to revoke- BCIS will issue an RFE- if you have suitable job at that time- you respond with AC21- you are fine.
HTH

 

[BigBuddy]

Hi sb_tiger
Thanks very much i was expecting the same.

Apart from this--

If i join a new company which is a small company with @ 10 employees and asset worth @ 150k..does this really matter while switching over. The new employee is going to pay me more than the salary mentioned in my labor application.


Thanks once again

 

[rk4gc]

I think it only matters whether the Job Description and responsiblities match and the Salary is of the same range. Company size does not matter.

 

[sb_tiger]

Only other requirement is the company's ability to pay. With small company BCIS may raise a question- but if company is paying - it has ability to pay.
HTH