Anyone reluctant to use AC21/EAD job transfer ?

M

marlon2006

Registered Users (C)
On September 2005 I received a top notch job offer. I declined due to risks involved when one transfer jobs on AC21/EAD. I was hopeful that the October 2005 visa bulletin could bring good news and make visas available to 2002 applicants. I was wrong. The cut-off dates are here to stay.

Is there anyone here on AC21 who still has motives to be concerned of job changes ? My major concern with Ac21/EAd job transfer is the risk that you take when starting a new job. I mean, imagine you end up losing the new job, that would be somewhat difficult to find a "permanent, full-time" job again following the same "similar or same job title/description". That is unlikely since are professionals, but you never know.

Please let me know new experiences and thoughts regarding AC21. For the folks who are on EAD already, I guess this is the only measure available to us in this insane GC process.
 
One more with the same request

I am also in a fix. Not sure whether I should jump because of USCIS unpredictable adjudication process, especially with no copies of approved labor or I140(employer wouldn't give it, attorney is in-house, I have filed foia recently)

Please share your thoughts and any valuable additional inputs.

Thanks
 
AC21 is up to every individual's intepretation. I am still wondering if I qualify, but even if I do, I wonder if it's worth all the effort. Jumping to another employer and trying to re-apply under EB2 might end up taking the same amount of time from now until my EB3 PD is current, so I am not sure.
 
I had the same concerns and I still have some of the same apprehensions. However I took the plunge and changed employers few months ago and will probably send the AC21 letter in May 2006. Without going into details I can tell you that it is very difficult to find a job with same/similar job duties in my case even though I am in Software profession. Added to that I actually joined an Indian consulting company on AC21. Few of my concerns are:
1. What happens to my PD if my previous withdraws approved 140, substitutes labor etc
2. Due to lack of clarity on the rules, how does USCIS look into Ability to pay issues for my current employer keeping in view that this consulting company wasn't even established during the year of my PD :)
etc...
 
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Imagine the new job is similar. The ETA 750 job description is very concise, kind of 3 lines.

If you want to minimize hassle when going to the new employer, I am wondering if it could be OK just a getting a "standard" employment verification destined to USCIS. A letter saying "Such and Such is employed full-time with our company, job title=such, job description=<long, standard description here, not exactly matching the words on ETA 750>, salary=such".

That would be so much easier. Asking the new employer to write a specific letter to USCIS may scare them, if the company is not familiar with foreigners or don't have an attorney to handle immigrant visas. Also, the idea of writing in the letter to USCIS "this is a permanent" job offer doesn't seem suitable. Most employment relationships are "at will".

I would like to see statistics on how many people eligible to EAD/AC21 have actually used that route.

See Question #26

Interesting.[/QUOTE]
 
I changed my job twice using AC21/EAD, my attorney is Rajeev, well anything could happen to GC, so hire a good attorney and just move on, it will be years till we get our PDs current,

but I should tell you I am not too desparate about GC, I just want to be here for another two years maximum to finish my education and some other obligation(money of course), then I don't mind going back to merea desh mahan bharath :)
 
Guldukan, if you don't mind to share your experience, do you know whether you could be OK working for a firm as a contractor, full-time ?
I mean, do you know whether you have to get the word "permanent" in your employment verification letter to be sent to USCIS ?
Did you submit the EVL at all to USCIS by the way ?


guldukan said:
I changed my job twice using AC21/EAD, my attorney is Rajeev, well anything could happen to GC, so hire a good attorney and just move on, it will be years till we get our PDs current,

but I should tell you I am not too desparate about GC, I just want to be here for another two years maximum to finish my education and some other obligation(money of course), then I don't mind going back to merea desh mahan bharath :)
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Taking a chance

Hello,

I'm planning on changing the job any way. It's been 5 years in this process and got tired of just staying put.

My information is as follows,

Service Center: VSC
Category: EB3
PD: 12/2001
LC: approved on Nov 2005
I140: approved Jan 2005
I485: applied on 12/20/2005
EAD, Parole: approved Feb 2005 (1st one, applied for second EAD and parole)
 
Marlon2006 - Yes, the job has to be "permanent" and reflected in the EVL. I am working on the letter with my employer now. However my paystubs show "hourly" pay. I am not sure if that would be a red flag.
rbms - Interesting post! This thing boils down to 3 points below:
(1) The new self-employment is in a same or similar occupational classification. (2) The self-employment is "legitimate" and there is indeed a bona fides job existent. (3) When I-140 petition was filed by your current employer, your employer truly intended to hire you for the offered permenent job once your green card is approved and you yourself also had the same intent to work for your employer once the green card is approved.

How does one prove (1)? Thru EVL given by the employer?
How does one prove (2)?
I am not clear on (3). My current or new employer dint file for my I-140. My previous employer did that. After 140 is approved I moved to the new employer.

EB3 India. PD: May 2002. 485 ND: Jan 2005
 
Marlon,

I think you got your answers, my only suggestion is o hire a good lawyer,

and make sure you have a good releationship with your old employer, it is very important that he does not revoke I-140
 
Well, I guess that is where it lies the risk on AC21 job transfer:
I have a good relationship with my employer today, but once you leave them you will never know his reaction. It is something we cannot control, just hope for the best.
guldukan said:
Marlon,

I think you got your answers, my only suggestion is o hire a good lawyer,

and make sure you have a good releationship with your old employer, it is very important that he does not revoke I-140
Click to expand...
 
Hi Guldukan,

Can you please tell us, how much does it cost with lawyer Rajeev Khanna for AC21 , including replying NOID , RFE if at all .

Please let us know, it will really very helpfull.
Also it appears from your post, that even afetr invoking AC21 your old employer did not revoke your 140 ? is that cortrect ?

thanks,
 
I have posted in your private message regarding fees, about I-140 yes I had a deal with my old employer not revoke my I140 also just maintained a good relationship
 
Ac21

I also used AC21 to switch employers. Knowing the dates are so retrogressed, it'll be a while before my PD Mid 2003 is reached.

I might even use AC21 again. Though one thing I gathered is that unless you really plan to stick with the new company, don't hurry up to file the
AC21 notice.
 
What happens if I140 i srevoked

Guldukan

My understanding was that with AC-21 portability, it did not matter whether the old employer revoked the I-140. That was the whole idea of portability. Your I-485 processing would continue even if the old employer revoked the I-140 or the underlying labor.

So, why should one worry about I-140 being revoked?

Regards
GCStrat :)
 
guldukan

I have gone through all your posts in this thread. you had a good experience to share with us and thanks for your cautious advices.

Would you mind sending the fee and other information to me also. Till now I hesitated to use AC21 and now it seems the only option to accept good offers pouring through. I had a company appointed attorney so far and wish to change before using AC21. Thanks much for the help.

guldukan said:
I have posted in your private message regarding fees, about I-140 yes I had a deal with my old employer not revoke my I140 also just maintained a good relationship
Click to expand...
 
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Guldukan, please send me the fees or other information, and any other relevant experience you have had in this process with Rajeev please. Let me tell you that back in September, I hired a local lawyer to deal with AC21 and that's one of the reasons I didn't feel confident to switch jobs:the lawyer apparently was not very knowledgeable on AC21 and told me that I would be OK in case I would ever need to get a "contractor, not permanent" job that be would be OK as far as AC21 is concerned. I thought he was wrong. Since I didn't have many days to switch lawyers I declined the offer.

Thanks Guldukan. Let's keep this thread alive and others please post your experiences here as well. I guess this is the only few action oriented topics to us at this time.

Rose101 said:
guldukan

I have gone through all your posts in this thread. you had a good experience to share with us and thanks for your cautious advices.

Would you mind sending the fee and other information to me also. Till now I hesitated to use AC21 and now it seems the only option to accept good offers pouring through. I had a company appointed attorney so far and wish to change before using AC21. Thanks much for the help.
Click to expand...
 
Because it is USCIS

gcstrat said:
Guldukan

My understanding was that with AC-21 portability, it did not matter whether the old employer revoked the I-140. That was the whole idea of portability. Your I-485 processing would continue even if the old employer revoked the I-140 or the underlying labor.

So, why should one worry about I-140 being revoked?

Regards
GCStrat :)
Click to expand...

gcstrat,

There have been a few unlucky victims in the past, who have shared their experience about the adjudicators knowledge or the lack of it that caused their I485 petition to be rejected without even a NOID.

Most of the times, even if they send a NOID, it is sent to the attorney's office and is never passed to the employee because of obvious reasons.

After all AC21 provision is just a memo and not a law as far as I know and hence wouldn't stand in the court of law.
 
That's exactly what my lawyer told me 7 months ago and that's why he advised me to avoid taking the risk. According to my attorney, he said that in his experience as the regional AILA president, he had discussions with USCIS regarding many rogue adjudicators simply appeared to decide that changing jobs was not the right thing and denied cases even when the AC21 "memo" was attached to the petition, showing that that was a legitimate job transfer.

So that means that the memo has not been transformed into an official text yet... no improvement there (?) Darn.


Arvind_I140 said:
gcstrat,

There have been a few unlucky victims in the past, who have shared their experience about the adjudicators knowledge or the lack of it that caused their I485 petition to be rejected without even a NOID.

Most of the times, even if they send a NOID, it is sent to the attorney's office and is never passed to the employee because of obvious reasons.

After all AC21 provision is just a memo and not a law as far as I know and hence wouldn't stand in the court of law.
Click to expand...
 
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