AC21-- What should new employer provide besides EVL?

jamesh_cn

New Member
Hi,

My case is a EB2-1, I140 approved, I485 filed 2003/7. Want to move from company A to company B with same title and 20% more salary. I think it should be OK under AC21.

Would anyone kindly let me know what company B need to do in such AC21 case?

I receive this from recruiter from company B

"We will only provide employment verification at the time the USCIS asks him for it. -- Typically in an AC-21 GC processing an RFE is sent when the employee changes jobs. The USCIS, usually wants verification that the jobs are similar in nature, within the same location and the salary is the same or higher. We will provide that at the time he needs it. But that's all we will provide.

He needs to engage his own attorney to handle the remaining process. We do not allow them to utilize our attorney for this type of process as that creates a conflict, because there are two parties the attorney has to answer to, us and the individual who is paying them.
"

So I need to hire a lawyer to draft AC21 letter and reply RFE and that's all? Company B only need to provide employment verification and nothing more?

Thanks a lot!!!
jamesh_cn
 
Yes the only thing you need from the new company is EVL. However- you may want it before RFE (not necessarily)- if you want to apply for AC21 procatively (as most suggest).
Also you must make sure on the EVL- they are willing to write the job description as in your LC.
You can use your own attorney or even write it yourself.
HTH
 
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