Basic AC21 Questions! Experts please

M

Mr. Green

Registered Users (C)
I know the questions I'm asking are basic questions, but please bear with me and answer them. I think the answers will help many of us who are looking into this subject to find answers in one thread.

Say seven months passed by after I filed my I-485 and my I-140 is approved. All I have to do to change employers is inform USCIS that I changed jobs by sending a letter from my new employer stating my position, respnsibilities and salary. If what I just stated is correct, please answer the following questions:

1) Is it ok if there is a gap between the two jobs? I understand that I'm in legal status as long as I-485 is pending, but does having a gap influence my application in the future?

2) Is it ok if the new jobs pays a much higher salary than what is stated in my LC?

3) Can the job be in a different city, but same state?

4) Can my old employer hurt my case in anyway?

5) Any advice or things to watch out for?

Thanks in advance!
 
Mr. Green said:
I know the questions I'm asking are basic questions, but please bear with me and answer them. I think the answers will help many of us who are looking into this subject to find answers in one thread.

Say seven months passed by after I filed my I-485 and my I-140 is approved. All I have to do to change employers is inform USCIS that I changed jobs by sending a letter from my new employer stating my position, respnsibilities and salary. If what I just stated is correct, please answer the following questions:

1) Is it ok if there is a gap between the two jobs? I understand that I'm in legal status as long as I-485 is pending, but does having a gap influence my application in the future?
EAD and/or I485 does not address this, not even EAD/I485 says that salary must be earned as mentioned in LC. But it is better to avoid long gaps. It should not be a problem.
2) Is it ok if the new jobs pays a much higher salary than what is stated in my LC?
Several factors are invloved here, like location of job, cost of living, time factor. For example cost of living in Delaware is much less than New York. So one should expect wages accordingly. Suberban and urban diference of expenses. Poverty line is higher in 2006 than 2005, so the wages will be affected accordingly. Check/refer DOL prevailing wages for information purpose for the state your are going to work in associated with the job category.
I am sure 20-40% increase should not create any problem. It is all depend, how succefully you argue to justify the difference of salary.
3) Can the job be in a different city, but same state?
No problem.
4) Can my old employer hurt my case in anyway?
You are safe after approval of I140 and past 180 days, if you suspect your employer may do any harm to you and your GC process, it is better to invoke AC21 before your employer revokes I140. This way you will avoid to get any NOID and your information will be updated in the USCIS database.
5) Any advice or things to watch out for?
It is always a better approach to consult a lawyer/attorney in the legal matters. Keep an eye on the move of employer who sponsored your GC, just in case. Good relationship with employer will reduce the risks, if any.
Thanks in advance!
Click to expand...
Be guided yourself. USCIS knows better...
See inline... reproduced as a participant not as an expert. The information can be searched around various threads. Others can add-on and alter as per AC21 rules, if conflicts.
 
Last edited by a moderator:
Two things to note:

1) The gap between jobs can be as long or as short as you want. The only bad thing about a long gap is that you are not being paid.

4) Sending an AC21 notification proactively does NOT prevent USCIS from issuing an NOID or RFE. It might, but there is no guarantee at all that they will even look at it.
 
You Asked: 4) Can my old employer hurt my case in anyway?

Everybody says it is OK after 180 days. Now, heres the million dollar question.

--You quit your job.
--Your GC sponsoring employer revokes approved 140.
--USCIS keeps 485 active after NOID (or denial if your stars are not in proper benign alignment)
--Your GC sponsor employer uses Labor for someone else.
--That someone gets 485 approval before you.

Do you still get your GC. Does this mean same labor is producing 2 Green Cards?

I did not get any answer to this anywhere. Most lawyers say it is gray area.

RealCanadian, do you have any pointers on this?
Thanks
 
Thank you all for your replies! I'm not going to quit my job, but it is good to know that I have options! It seems like the process is straight forward, but it is better not to switch jobs without a good reason to avoid all the hassle with the NOID and RFEs. I really like the company I'm working for, but it is a good feeling to know I can chose to bag it any time I want. I bet it is going to even feel a million times better when the green card is in hand :D
 
Mr. Green said:
Thank you all for your replies! I'm not going to quit my job, but it is good to know that I have options! It seems like the process is straight forward, but it is better not to switch jobs without a good reason to avoid all the hassle with the NOID and RFEs. I really like the company I'm working for, but it is a good feeling to know I can chose to bag it any time I want. I bet it is going to even feel a million times better when the green card is in hand :D
Click to expand...
Its good to hear that, but be careful that the employer (company) thinks and feels in the same way... :D
We wear-on life-jackets while on board...
 
At the end of the day it is all business and no one should be naive about that! You got it right, life jackets on all the time :D
 
to GreenCardVirus

Look at the thread Surge of Older PD's in 485 Issues for Nebraska.
Link http://www.immigrationportal.com/showthread.php?t=192795&highlight=Surge+older+PDS

Especially do read UnitedNations comments/Suggestions. He has been part of the forum long time and is more knowledgable than many immigration attorney's( anyway that my view).

But in short as per my understanding from UnitedNations comments, it is possible to get more than one GC approved on one labor applications, provided the first applicant invokes AC21 after 6 months and the employer revokes the I140 only after the AC21 was filed but before the GC is approved for the first candiadate.


Any comments?


GreenCardVirus said:
You Asked: 4) Can my old employer hurt my case in anyway?

Everybody says it is OK after 180 days. Now, heres the million dollar question.

--You quit your job.
--Your GC sponsoring employer revokes approved 140.
--USCIS keeps 485 active after NOID (or denial if your stars are not in proper benign alignment)
--Your GC sponsor employer uses Labor for someone else.
--That someone gets 485 approval before you.

Do you still get your GC. Does this mean same labor is producing 2 Green Cards?

I did not get any answer to this anywhere. Most lawyers say it is gray area.

RealCanadian, do you have any pointers on this?
Thanks
Click to expand...
 
4) Can my old employer hurt my case in anyway?

There is a big difference between I140 "Withdrawal" and "Revoked".

Withdrawal is done by the employer. If I140 is approved and 180 pending I485 you are safe even withdrawal is done by the employer.

Revoked is done by USCIS. Even if I140 is approved and 180 days pass I485 pending, in the event USCIS, due to "any reason", decides to REVOKE I140. You will loose I485.

In my case : USCIS REVOKED my I140 and hence DENIED I485 due to malpractice of Company A's lawyer. USCIS sent papers to confirm the authenticity of my employment based petition to my original employer who, obviously, did not respond to it. I had to beg him to provide documentation after which I filled Appeal for I140 and MTR for I485.

Bottomline : even if you leave your original job. Keep good terms with the employer, YOU NEVER KNOW what may hit you.

AND YES YOUR OLD EMPLOYER MAY DECIDE TO SCREW YOUR LIFE
 
I have good relation with my employer and help me even if I take assignement with new employer. So can I change job to new employer on EAD and continue GC process with old employer?
-Aji
 
I have good relation with my employer and help me even if I take assignement with new employer. So can I change job to new employer on EAD and continue GC process with old employer?
-Aji
---------
PD - June 2003
Labor - AD Dec 2003
I140 & I485 - RD 3/30/2004
I140 - AD April 2005
FP - June 2004, May 2005, Feb 2006
I485 - ?????
 
No proof of I-140 approval

I don't have a proof of my I-140 approval except an e-mail from the employer that my I-140 is approved.

What issues could arise, if AC21 is used.

Please post your thoughts.
 
kskrajendra said:
I don't have a proof of my I-140 approval except an e-mail from the employer that my I-140 is approved.

What issues could arise, if AC21 is used.

Please post your thoughts.
Click to expand...
I think it should not be a problem, however it will be good to have some kind of proof for your own satisfaction.
 
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