Ausing AC21 but New Job is significantly Different from LC

L

Leo1968

Registered Users (C)
Dear Friends,

140/ 485 files in Nov'03.
EAD and AP - Dec '03

My LC is approved for Programmer Anlayst. My current employer is a vendor for my prospective employer (Client). I understand that you need to provide offer for employment forsimilar job and description at the time of 485 RFE/ Interview.

I'm wondering if I can use AC21 after 180 days & 140 approval without jeopardizing my GC processing, by changing employer(under rule AC21) where new job ( Accounting plus handling few IT projects) is significantly different from Programmer & Analyst. Assuming I have an understadning with current employer (GC sponsoring) to keep me without pay until approval of my I485.

Please ADVISE

1) Should I inform INS about AC21 or keep silent?
2) Is it ok to work for prevoius employer without pay until 485 is approved.

3) How much risk i'm taking by doing this?

Thanks for your advise/reply.

Leo1968
 
You are a long way from changing jobs- as your 140 is not yet approved.
For changing jobs- you need a similar job. There is no issue about remaining silent- even though you can get away by not volunteering to inform the change of job to BCIS. BCIS may raise a query- which will force you to respond. If you change jobs then at time of adjucation- BCIS- typically needs job description.
HTH
 
Dear Friends,

140/ 485 files in Nov'03.
EAD and AP - Dec '03

My LC is approved for Programmer Anlayst. My current employer is a vendor for my prospective employer (Client). I understand that you need to provide offer for employment forsimilar job and description at the time of 485 RFE/ Interview.

I'm wondering if I can use AC21 after 180 days and 140 approval without jeopardizing my GC processing, by changing my employer(AC21) where new job ( Accounting plus handling few IT projects) is significantly different from Programmer & Analyst. Assuming I have an understadning with current employer (GC sponsoring) to keep me without pay until approval of my 485.

Please ADVISE

1) Should I inform INS about AC21 or keep silent?
2) Is it ok to work for prevoius employer without pay until 485 is approved.

3) How much risk i'm taking by doing this?

Thanks for your advise/reply.

Leo1968
 
Dear friend,

Thanks for the valuable information provided by you.

One more clarification.. please

1) IF I change employer after 140 approval, do I have to inform INS ( invoking AC21). Will itjeopardize my GC processing if I keep silent until such time.

Some background

My prospective employer is a very big company and paying almost 20% more than my LC salary. Moreover, its a permanent job. They are insisting me to join after my 140 approval. But my CLA DOT is "Programer/Analyst" where as my propective job profile will invole ERP consultant - Financials ( some IT work repesenting client) Plus managing accounting activiteis of general accounting department. Actually I'm also a US CPA. If i join this company then i dont have to worry about employment in future.(hopefully) and no moving too...

2) Assuming that 485 approval will take maore than 2 years. Is it ok that for 2 years I can wrok with this company without any fear. But after 1 year I have to apply for new EAD. What is the requirement for getting New EAD.


Do u think by doing this I will be taking calculated risk instead of blingdrisk..

I will wait for replies from expert on this....

Luv you guys....

Thanks
 
1. As stated earlier - you do not have to inform BCIS of job change- but you are expected to and there is no prescribed timeframe.
Regarding job description- it is just a play of words. As long the employer is willing to state it as in your labor it is OK- else not.
2. You can potentially change jobs after 6 mo. of pending 485(without 140 approval)- provided your current employer agrees to continue support your 140.
3. The only requirement of EAD is pending 485- you can work for whoever.

If you do above suitably there is no risk that I am aware of.

HTH
 
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You mean I can do what ever job i want....

Lets assumed I dont informed INS about AC21 and I use EAD after i-140 approval and join new employer. Does INS has any way to find out that I started working for new employer...

I gues when a employee joines with a compnay the employer have to send some information to department of labor (i'm not sure)

What If i do different job until my I485 RFE/Interview and during the RFE period I moved to my old company with job descritpion same as on LCA...

What do you think about this option????

pls comment
 
1. INS does not have any explicit way of finding out who you work for- unless you inform or they ask you and you tell.
2. A company does not have to inform anyone about new employees- that is my understanding.
3. It is possible for you to move back to old company @RFE time or even after. GC is future job not current.
HTH
 
USE OF AC21 - Gurus help

I 140 Approved
NSC RD Nov. 02

Still waiting for GC

Now the question for the experts.

I am trying to move a different position within the same firm and am reasonably confident that I shall be employed for the forseeable future. Can I move to a different department (with the tasks different from the one posted on the LCA) within the same company?

Could I work in the new position using EAD (Have an extended H1B for the current position) ? I am not in the Technology industry; playing with words for job descriptions would seem like significant changes.

What would be the limitations on this?

Please advise on the matter or direct me to the appropriate forum. Thanks

:confused: :confused: :confused:
 
1. With EAD you have no restriction who you work for or what your job description is.
2. As far as job description change- you are expected to have the same job description as applied for in labor. But if you continue to work for the same employer- the question what is your current or future job description does not arise- typically. Also GC is about future job- BCIS would belive that your employer would employ you in position they petitioned for. But realistically BCIS understands (unless it is some newbie officer)- that job descriptions etc do change over time.
HTH
 
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