Any problem using AC-21

[gfk_70]

My previous employer filed my I-140 and got it approved in Dec 2002 (Job Title: System Analyst). Then they filed for I-485. The receipt date of I-485 is 27 Feb 2003. After 3 months (in June 2003), they placed me on a status 'unassigned without pay' when I came out of the project. I was not paid salary and hence no payslip from June 2003.

On 16 October 2003 (more than 180 days since I-485 was filed), the previous employer terminated my employment and paid a final salary equal to 14 days pay as per my employment agreement. Therefore, I got a payslip for Oct, the only one after June 2003 with that employer.

I joined a new employer on 22nd Oct 2003 in a similar job with almost same Job Title (Business System Analyst) and same responsibilties.

- Can I use AC21 to change employer and continue I-485
- If so, should I inform INS about the change immediately or wait for RFE?
- Shall I submit a change of address form (AR-11)? It asks for employer. Can I give the new employer name & address?

Please respond. Appreciate your help.

Thanks

 

[TheRealCanadian]

Originally posted by gfk_70
- Can I use AC21 to change employer and continue I-485

Absolutely.

- If so, should I inform INS about the change immediately or wait for RFE?

I'd wait for the RFE, since I don't trust USCIS to properly link anything unsolicited with your file.

- Shall I submit a change of address form (AR-11)? It asks for employer. Can I give the new employer name & address?

If you have moved residences, then absolutely file the AR-11 and tell the truth on it about your new employer. If your residence has not changed, you are under no obligation to file an AR-11.

 

[gfk_70]

Thanks for your advise.

Since I was not paid from June to Oct 2003, my annual income in this year's tax return will show amount less than the prevailing salary. Will USCIS ask for past tax return forms to prove my salary on an RFE?

Thanks