Changing employer while on AOS (2 questions)

[2yearscounting]

Guys,

I'm planning to change my employer. As far as I understand, I can do that since I filed I485 more than 6 months ago. I have couple questions though:

1. Should I notify USCIS that I changed an employer? What's advantages/disadvantages of filing/not filing AC21?

2. What sort of restrictions are there for salary on the new job (something about salary on LC...)?

Thanks

 

[hakoonamataata]

Guys,

I'm planning to change my employer. As far as I understand, I can do that since I filed I485 more than 6 months ago. I have couple questions though:

1. Should I notify USCIS that I changed an employer? What's advantages/disadvantages of filing/not filing AC21?

2. What sort of restrictions are there for salary on the new job (something about salary on LC...)?

Thanks

AFAIK,
It is generally considered a good idea to inform CIS about your job change. If you dont inform them, you may get an RFE on 485 for an EVL (or pay stubs etc.). Also, as I understand it, informing them keeps you safe if your original 140 filer (employer) revokes the 140 (either way, you are safe under AC21 .. but informing them early on would probably avoid getting a NOID and then you responding to NOID etc.. )

I dont think there are any salary restrictions as such (or at least not that I am aware of). But, your new job responsibilities should be similar to the one in LC.

HTH. Good luck.

 

[pv1976]

Guys,


1. Should I notify USCIS that I changed an employer?

-- It is advisable to do so.

What's advantages/disadvantages of filing/not filing AC21?

-- Advantages:
1. You'll keep your application up to date with the employemnet letters, paystubs and tax returns, eventually avoiding an RFE for the same.

2. You'll be safe, if your ex employer withdraws I140 and avoid an NOID from USCIS.

3. If your GC is approved and you want to stay with the new employer, then you shud file Ac21. In this way you'll avoid any "intent of fraud" during citizenship stages.

4. (may or may not) you'll prompt some officer to start adjudicating your case.

-- Disadvantages:
There are not many disadvantages. But there will be additional burden on your side to get copies of LC/I140 (to get the job description etc). You'll have to be in a job "same or similar" to the earlier job.

2. What sort of restrictions are there for salary on the new job (something about salary on LC...)?

-- No restrictions on the salary part. Though a same salary willl help the adjudicating officer to think that the job is "same or similar".


Thanks

 

[Appu123]

I was with my 1st company for 5 years and changed using AC21 in October 2003. Not informed as my attorney as per my attorney advise. Some times if you send all documents then that should take care of everything. Some times it may lead to RFE.

If you don't inform, your case may get approved without RFE. Even if you get RFE you can send all documents at that time. One my friend submitted documents after RFE and his case got approved in a month.