Advise Needed for Issues to overcome while invoking AC21

L

librau

Registered Users (C)
Hi Gurus,

My I-140 was approved in 2001, PD Aug 2000 and filed I-485 in jan 2007.

I have completed 180 days after filing i-485 and wanted to change employer.
I understand that I need to invoke AC21 when I join the new employer. I am sure my current employer will not sit tight and will definetly revoke I-140.
I have following issues to overcome!
1. When I-140 is revoked, NOID will go to the current employer's Attorney.
He will not forward to me for reply. How should avoid this situation?
2. When should I invoke AC21 ? Just after joining the new employer? or
after couple of weeks of joining?
3. Is replying NOID same as invoking AC21 ? One should do both processes?
4. If I am unable to reply the NOID and invoke AC21 just after joining new employer, will my GC processing continue ? or it gets denied?

5. I do not have job description as mentioned in my labor application. But I
know my approved title was "Software Engineer" and Occ_code was
030.062-010. My new employer gives me title as Software developer. Can
I use the ONET site's job description for comparing the two jobs ?

Appreciate your advises.

Thanks
 
librau said:
Hi Gurus,

My I-140 was approved in 2001, PD Aug 2000 and filed I-485 in jan 2007.

I have completed 180 days after filing i-485 and wanted to change employer.
I understand that I need to invoke AC21 when I join the new employer. I am sure my current employer will not sit tight and will definetly revoke I-140.
I have following issues to overcome!
1. When I-140 is revoked, NOID will go to the current employer's Attorney.
He will not forward to me for reply. How should avoid this situation?
-----------------------hire YOUR lawyer, sign G28 with him, provide your I-485 reciept copy and let him update USCIS that past Lawyer XYZ no more represent you and lawyer ABC represent you
2. When should I invoke AC21 ? Just after joining the new employer? or
after couple of weeks of joining?
--------------------you can invoke after you join or after couple of weeks
3. Is replying NOID same as invoking AC21 ?
-----------------NO, AC21 is to inform USCIS that your I-485 should be approved based on new job offer letter, NOID(Notice of Intent to deny) is sent by USCIS then one need to reply, USCIS will list the reason for NOID, NOID can be for anything
One should do both processes?
--------------if you have not got NOID why to reply NOID?
4. If I am unable to reply the NOID and invoke AC21 just after joining new employer, will my GC processing continue ? or it gets denied?
----------------file AC21. if any NOID in future then reply
5. I do not have job description as mentioned in my labor application.
-----------check the form ETA750A item 13 it has your job duties

But I
know my approved title was "Software Engineer" and Occ_code was
030.062-010. My new employer gives me title as Software developer. Can
I use the ONET site's job description for comparing the two jobs ?
---------------------- they care more about same/similar job duties
Appreciate your advises.

Thanks
Click to expand...

-------------------
 
Thanks Ginnu for your reply.

I have one question on labor job description. My employer did not get me ETA 750 A while he had given me just ETA 750. So I do not have my approved job description. In the absence of this can I not file AC21 ? I am really nervious. Is there any way ?
 
librau said:
My employer did not get me ETA 750 A while he had given me just ETA 750. So I do not have my approved job description. In the absence of this can I not file AC21 ? I am really nervious. Is there any way ?
Click to expand...

You do not need the ETA750 or the official job description. AC21 clearly states "same or similar" job, so anything similar should work. What field are you in?
 
Thanks The Real Canadian.
The new job is in the same field. I am a software developer. My labor approved on "Software Engineer" under occ_code 030.062-010 . New job and labor approved job is same.

I presume that while invoking AC21, one need to write job description of labor approval and the new job desription. And by comparing both descriptions, we would prove that both are same.
My problem is I do not have the word to word description of my job as approved in labor ( My employer conveniently avoided to get me copy of ETA 750A that contain job description lines. ) and so I can not compare line to line from approved job description to new job description.

How do I prove that new job is same as approved job? I thought we need to use the verbatium of approved labor job description and compare with the new job description and there by prove both are same.

Am I correct? If so then I have to have exact job description as mentioned in ETA 750A which I do not posses. What is the way for me?

Appreciate your kind advise. I wish I am wrong in my approach
 
librau said:
I presume that while invoking AC21, one need to write job description of labor approval and the new job desription. And by comparing both descriptions, we would prove that both are same.
Click to expand...

You do not need to prove that the job is the "same".

How do I prove that new job is same as approved job? I thought we need to use the verbatium of approved labor job description and compare with the new job description and there by prove both are same.
Click to expand...

Absolutely not. The statute says "same or similar" - and I cannot think of a single instance where two jobs at different companies had exactly the same job description or duties.

Worry not. You are wrong in your approach. :)
 
Remember, employer fills Part A and it's his copy and most employers are smart and they keep the copy....and do not ever reveal the part to employees....

But, remember - what you filled in Part B : the overall summary of it - is what is written in Part A....by the employer...

U know what U wrote in Part B, if you pretty much summarize it all ...you get your job description....
 
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