AC21- When to apply Question

S

sb_tiger

Registered Users (C)
I have a pending 485 - ND 10/01/02.
I lost my job a couple of mo. ago and have finally found another.
My Labor was from one state (Co. HQ) but I worked in another state- (Co. branch)- the branch would have fallen in a different processing center.
The new job is similar tite/pay/etc also it is in the processing center zone. So all this is the back ground.

My questions- How soon should I file the AC21- as soon as I join or I can do it any time.
How is the 'similar' salary determination done- per labor or 'prevailing wage for the job in the area where you are relocating'.
Also are there any issues/concerns with my scenerio.

Thanks a lot guys,
:o
 
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You don't HAVE to inform INS/BCIS about your job change. Just make sure that job is same/similar and your new employer is ready to provide you supporting letter's like employment letter if asked by INS/BCIS as a RFE.

WIN
 
So in other words- there is no form. I just have to produce a letter from the new employer - about the job description/salary etc - when asked for by BCIS.
Is it any issue contract job/permanent job. Almost all jobs are sort of temporary now-a-days.
Thanks a lot,
 
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Length of the job could definitely create a problem. When you produce an employment letter, INS would like to see the nature of job as permanent. If you have temporary word in the letter then that will defilitely create a problem.
 
So if the employer says the job is permanent- BCIS would have to accept it that way. Does that work that way for contracts?
Thanks
 
Yes I think that is the way it should be. It is Employment based Permanent Residence- so the job should be permanent.
So can't pursue contract opportunities.
Thanks
 
Originally posted by sb_tiger
Yes I think that is the way it should be. It is Employment based Permanent Residence- so the job should be permanent.
So can't pursue contract opportunities.
Thanks
Click to expand...


As states elsewhere in the forum, AC21 is not finalised and its grey about the 'similar' job description. So if contract job is your only option, take advise of a competent lawyer. He might help you draft a better AC21 letter.

hth
dyno
 
Rough definition of contract job is you are getting 1099 instead of W2 at the year-end.

Permanent job is not related to AC-21. It related to your green card it self. This is the base for employment based green card processing. Whether you use AC-21 or not, you need to show an offer for permanent job to apply for GC.

As long as your salary is same range it is Ok. (Do not go from 70k to 40K.)

If he says permanent now and you work with him on the contract bases you may not face problem. But it is lying under oath. They may catch you at the time of GC renewal or while applying for Citizenship.
 
When n How

Thanks very much all for very useful insights.

Anybody has a the AC21 letter format?
Nobody cleraly stated- when to inform BCIS of job change- anytime or at time of RFE/adjucation?

Thanks again,
 
sb_tiger,

As I said before you do not required by law to inform INS about your new job immediately after joining the new job. You can let them know if you get a RFE. Why unnecessarily volunteer the information. You might not even get a RFE.

Talk to your lawyer and decide.

WIN
 
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