Apply for AC21?

S

SVengat

Registered Users (C)
Hi all AC21 gurus,

I always wanted to ask this question, but did not know where or to whom.

I have seen a lot of discussion about 'using AC21', 'on AC21',
'RFE about AC21' etc.

If I (or anyone) want to change to a 'same or similar' kind of job
after being on I485/EAD for more than 180 days, do I need to
inform that to BCIS? Do I need to file an application to allow
me to use AC21 portability? Or, do I declare that I am going to
be using AC21 from now on?

Or, is it that you do nothing....U are automatically using 'AC21 portablity' by virtue of changing to a new job?


Thanks n regards,
Vengat
 
AC21 posts

Hello AC21 Gurus,

I posted a couple of questions of urgent (well, at least to me)
nature. I notice that a few dozen people have seen my posts, but
there is absolutely no responses. Did I really ask some dumb
questions????


Pleaseeeeeeeeeee bachaoooooooooo!
S Vengat
 
Vengat,

I have seen a lot of discussion about 'using AC21', 'on AC21',
'RFE about AC21' etc.

If I (or anyone) want to change to a 'same or similar' kind of job
after being on I485/EAD for more than 180 days, do I need to
inform that to BCIS? Do I need to file an application to allow
me to use AC21 portability? Or, do I declare that I am going to
be using AC21 from now on?

Or, is it that you do nothing....U are automatically using 'AC21 portablity' by virtue of changing to a new job?


>> Its totally upto you to, whether you want to inform CIS of your intention to invoke AC21. However, as you can read from several posts(which you claim you have read) - and also in one of the inputs from Atty Sheela Murthy - she stated that it is always better to inform the CIS voluntarily about the job change and use of AC21, rather than waiting for an RFE to be generated before responding.
Meanwhile, it is true that are quite a few people who have decided not to inform the CIS of the AC21 and job change, but still got their 485s approved without even an RFE.

If I was in your shoes, having satisfied the 180 day rule - I would first take up the new job, then get a letter from your new employer(stating clearly that you still perform the same job duties) and send it across to CIS saying you are invoking AC21.

Always better to be safe than sorry I guess.

-MrCoolz
 
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