Cannot use AC-21 : what are the options ?

UN, thx

Thanks again UN.
You have provided valuable advice.
I guess now my option is
1)take up the new job. (as that is the only offer I have right now)
and try to convince the boss to give me a EVL saying that this is 'same or similar duties'
2)meanwhile keep on looking out for a real 'same or similar' job
3)last option would be a "convenience" letter.


regards
d-wong
 
Dear d_wong,

You said in your earlier posting;

‘My previous job classification was "database analyst/developer". New job is "application support manager" The previous title was "database Analyst III". New title is "Asst. Vice President" ’

You seemed to assume, and many subsequent postings seemed to agree with you, that you were ineligible for AC-21 portability based on the fact that you thought that your new job was not the “same or similar” to your old one.

Hmmmm……I may not have perfect information on this, but as far as I know, there is no DEFINITION of “same or similar” in the legislation or regulations. And if you see an earlier post by me here
http://immigrationportal.com/showthread.php?t=187790
that has been on this forum for more than five months, and viewed by more than 300 people, I was not told of A SINGLE CASE where AC-21 portability was denied because the jobs were not the “same or similar”.

Have I missed something here? Can anyone cite some cases where AC-21 portability WAS denied because the new jobs was too dissimilar to the old? I thought that the consensus was that the definition of "same or similar" was liberally and loosely defined.

Thanks.
 
GreenCardHopefu,

Thx..
You have brought up my spirit..
BTW, when I informed the (old company)lawyer that I will start working in the new job,She had me shell out 1K more to continue representing me for the GC.and also said that if the case turns out complex, she has the right to charge more..

Let's hope everything goes fine.

regards
d_wong
 
GreenCardHopefu said:
Have I missed something here? Can anyone cite some cases where AC-21 portability WAS denied because the new jobs was too dissimilar to the old? I thought that the consensus was that the definition of "same or similar" was liberally and loosely defined.
Click to expand...

It is liberally and loosely defined. And no, I haven't heard of an AC21 case being denied on those grounds, but it may happen. I've seen cases where AC21 was challenged by USCIS on geographic grounds, but was overturned by the BIA.

USCIS looks at three things - title and job duties primarily, and then compensation. The fact that any one or two of them change does not mean that the job is not same or similar, but it's a clue. If the title is different and the job duties are clearly different but we're still in the same broad field, that gets into a huge gray area.

If I start off as a programmer in my LC but I'm managing a help desk when I invoke AC21, USCIS might legitimately claim that my job is no longer same or similar, even though they're both IT jobs. It's much the same as if I was a dentist and then became an orthopaedic surgeon - they're both in medicine, but that's about it.

That's not to say that d_wong cannot claim AC21 relief. In five years I haven't seen any denials, but I also haven't seen a case as weak as his. I'd certainly keep an AC21 claim in my back pocket as a last resort, but I'd also spend a LOT of time trying to find something better to hang my hat on.
 
d_wong said:
BTW, when I informed the (old company)lawyer that I will start working in the new job,She had me shell out 1K more to continue representing me for the GC.and also said that if the case turns out complex, she has the right to charge more..
Click to expand...

Unless you have received such a large increase in salary that money has become comparatively meaningless, I'd start looking around for a new attorney.
 
TheRealCanadian,
<<I also haven't seen a case as weak as his>>

Correction..
The case is not weak..There is NO case at all.

My only options would be to try to pull some wool over the eyes of USCIS
and try to fool them into believing that there is a genuine case.
(pardon me for being so shamelessly frank)
1)try to get a EVL from future employer saying that this is a "same or similar" job.(very difficult)
2)get a "convenience" letter from a friends company saying that
"they will employ me in a same/similar capacity (as LC) once the GC is approved"
what are the chance for #2
(this will not be a fraud, since the 'intent' to hire me will be there from my friend's company, only, I will not work for them in the future due to 'change of conditions')

also the salary increase is substantial, so my zest for looking for a real
"same or similar" job is very low.


regards
d_wong
 
Salaray Jump and AC21

My LC job designation is Software Engineer and I offered a very attractive position what I was dreaming from years ..........but the designation J2EE/Enterprise Architect also significant jump in salary as well around 25K.
But my job responsibilities is about the same.

Can I go and file for AC21?

If so how can I file I mean which form I need to download?


Cheers,
IJ
 
2 jobs

Hi guys,
I was away for a while, relocated and settled down.
I have taken the risk. I have taken this new job which does not fulfil the AC-21 criteria of "same/similar" description.

However I will still be doing another "same/similar" job.
I will be working from home doing turnkey projects from home through a friend's company.I need not go to office.
He will give me a AC-21 supporting letter. I have to find the project on my own.(of course he get a cut of the billing!)

So I will have 2 jobs:
1)a job that is AC-21 non-compatible.
2)another job which allows me to work from home but is AC-21 compatible.(this is the job I'll inform USCIS about if there is a query)

Is this OK with AC-21 ?

regards
d_wong
 
d_wong said:
Hi guys,
I was away for a while, relocated and settled down.
I have taken the risk. I have taken this new job which does not fulfil the AC-21 criteria of "same/similar" description.

However I will still be doing another "same/similar" job.
I will be working from home doing turnkey projects from home through a friend's company.I need not go to office.
He will give me a AC-21 supporting letter. I have to find the project on my own.(of course he get a cut of the billing!)

So I will have 2 jobs:
1)a job that is AC-21 non-compatible.
2)another job which allows me to work from home but is AC-21 compatible.(this is the job I'll inform USCIS about if there is a query)

Is this OK with AC-21 ?

regards
d_wong
Click to expand...

Good to hear back from you.

You can work on as many projects/jobs as you want with an EAD. I think your main job which you will use for AC21 change should be full time. I am glad that there's some hope for you to use AC21.
 
minn_labor,
Thanks for your reply..
Why should the AC-21 job be full time ?
(My full time job is the other one)
How will USCIS even find out that it is not a full time job ?
I am not planning to disclose the other job details.
So there's a low chance of even them knowing that I have 2 jobs.
(BTW, I have to find the project yet, so technically, right now, I do not have the AC-21 compatible job)

regards
d_wong
 
Can someone reply please ?
i.e.
Is it OK for AC-21 to have a main job which might not be compatible with AC-21 requirements, while also having another job which is AC-21 compatible ?

UN/Ginnu/TheRealCanadian ?

Guys, can you please post your opinions ?

regards

D
 
d_wong said:
Can someone reply please ?
i.e.
Is it OK for AC-21 to have a main job which might not be compatible with AC-21 requirements, while also having another job which is AC-21 compatible ?

UN/Ginnu/TheRealCanadian ?

Guys, can you please post your opinions ?

regards

D
Click to expand...

This is just logically speaking but others with more info or experience in this area maybe able to guide you better.

Your green card petition was based on your former employer stating that you would have a full time permanent job with them once your GC would be approved. Since GC approvals are taking too long these days, BCIS introduced AC21 allowing AOS candidates to change jobs within the open realm of "similar job as petitioned in your LC". Therefore BCIS would assume that your new job under AC21 would have to be full time and permanent as that petitioned in your LC.

If you haven't hired a good immigration attorney, you should.
 
d_wong said:
Can someone reply please ?
i.e.
Is it OK for AC-21 to have a main job which might not be compatible with AC-21 requirements, while also having another job which is AC-21 compatible ?

UN/Ginnu/TheRealCanadian ?

Guys, can you please post your opinions ?

regards

D
Click to expand...
d_Wong,

I don't see anything wrong with having two jobs and informing USCIS about the only one for 1485 purposes. However, have you thought about any RFEs from USCIS when you file AC21?

All, what are the most common RFEs received from USCIS in AC21 cases? Gurus, please jump in!

The most common one that I have read about is Employment Verification Letter (EVL). d_Wong, you are set if you only receive this RFE. However, what if you receive RFE for pay stubs or past year tax returns? Will you be able to show equivalent wages from your second job's pay stubs and tax returns?

Does USCIS ask for pay stubs (or tax returns) in case of AC21?

Explorer.
 
d_wong said:
minn_labor,
Why should the AC-21 job be full time ? (My full time job is the other one)
Click to expand...

Becuase you cannot get a GC for a part-time job. If your AC21 job is part-time, it is therefore NOT "same or similar" to the original job.

How will USCIS even find out that it is not a full time job ? I am not planning to disclose the other job details. So there's a low chance of even them knowing that I have 2 jobs.
Click to expand...

I don't know how far they are going to dig, but if they ever do find out, you'll be in serious trouble.
 
I guess that means I am in trouble.
I have already taken the fulltime job which is AC-21 non- compatible.
Is it even worth looking for the parttime AC-21 compatible job ?

I am going to keep my fingers crossed and hope for the best.

I will definitely ask the lawyer, but i do not know how much more she will charge me.

regards
d_wong
 
explorer_inc,
"what if you receive RFE for pay stubs or past year tax returns? Will you be able to show equivalent wages from your second job's pay stubs and tax returns? "

Of coures I will make sure that the other job is AC-21 compatible and get paystubs for that one.However if they ask for tax returns, I will have to show income for both jobs .
What happens then ?

d_wong
 
d_wong said:
explorer_inc,
"what if you receive RFE for pay stubs or past year tax returns? Will you be able to show equivalent wages from your second job's pay stubs and tax returns? "

Of coures I will make sure that the other job is AC-21 compatible and get paystubs for that one.However if they ask for tax returns, I will have to show income for both jobs .
What happens then ?

d_wong
Click to expand...

wong,

with a EAD you can hold as many jobs as you want and all your jobs except your main job (AC21 compatible) can be anything you wish to do. I don't think you have to worry about that.
 
d_wong said:
minn_labor,
that is the trouble..
My main job is not AC-21 compatible..

d_wong
Click to expand...

d_wong,

that's what I was trying to explain to you in my earlier post but you questioned why can't a PT job be used to satisfy AC21/GC requirements.
 
I guess that means I am going to be in trouble.
I just hope USCIS does not ask too many questions.

d_wong
 
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