AC21 - talked with lawyer today

BritGC

Registered Users (C)
Hi folks,

Nothing earth-shattering here, just thought I'd share what my lawyer told me today.

Briefly: I have a pending I-485 (ND of April 2002), and my position at the sponsoring company was re-organised out of existence. :) I've managed to get a new job, with the same duties - certainly it matches my approved LC filing, even if the job title is slightly different.

Anyway, we discussed whether or not I could use AC21 ( Lawyer said yes ) and what further steps, if any, we needed to take.

It was my lawyer's opinion that, in my case, we did NOT need to inform INS / BCIS of my change of job. We would deal with it only if BCIS issued an RFE. I assume that it was my lawyer's opinion that, since my new job is virtually identical to my old, and given the requirements of AC21, that there was no need to confuse BCIS by providing them with un-asked for information.

I should add that when we initially filed our I-485 it included a great deal of secondary evidence (pay stubs, HR letter of intent to employ, etc) that usually gets asked for in RFE. So it's entirely likely INS will just approve my I-485 based purely on the evidence presented to them in our finitial I-485 filing. That's my hope, anyway. :)
 
BritGC

My attorney also has exactly similar stance on AC-21. I also (see the I-485 VC thread) accepted a new offer and starting at the new job mid-October, 2003.

My job is similar, as the ONET code is the same (Systems Administrator on LC and IT support is the new job).

My attorney says we need not inform BCIS as we had sent the letter to hire, 3 years tax forms, all pay stubs with my original I-485 app. and we should be fine.

My attorney is slightly more agressive and says I can accept any job in the IT field and I will be OK< but I concentrated on my field.

One good thing of this new job is that even though the salary is slightly better than current (but slightly less than LC), I have double benifits, and a great oppurtunity. Also I will be cutting my commute from 170 miles (yup you read it right 170 freaking miles..) to 30 miles each way.

March2002Tracker
 
Top