Changing job - Should AC21 be filed or wait for RFE

S

sr050603

Registered Users (C)
Hi,

Filed 140 and 485 concurrently in Nov 02.
140 approved in Feb 03.
EAD, AP approved.
Currently I am on H1. Same company sponsoring my GC.
Intend to change employer and go no EAD.
Present co. may not exist beyond 2-3 months.
May get a new offer shortly.

1. Do I need to notify BCIS as soon as I start a new job. While some advise to be proactive others advise to wait until an RFE is raised. Please advise what are the pros and cons.

2. While taking the new offer or at any point in the future what would my new company be required to do? As I understand the only requirement from them is issuing a letter to whomever concerned, confirming my employment, my salary and job responsibilties that should more or less match my original labor appl.
Is anything else required?

3. Technically speaking is my new co. sponsoring / supporting my green card application?

4. Can anybody send links to any official site stating the section of the AC21 law that implies that it is OK to switch companies while 485 is pending - wish to remain prepared in case new co's HR dept needs to be convinced.

5. My EAD expires around 15 Jan 04. I need to file for extn. shortly. I intend to join new co within 2-3 weeks. Should I file for extension before I join new co or after. Does it matter at all?

Thanks in advance-
 
1. per aug 2003 memo it is better to inform bcis about employer change
2. nothing else is required (maybe other support docs like new paystub etc)
3. I dont think that there is any company ownership of the gc process. but having a similar job is essential to further your gc process. after 485 the gc process is essentially yours.

4. http://boards.immigrationportal.com/showthread.php?s=&threadid=94253

5. does not matter. since the expiry date is within 6 months from today there is no harm in applying for ead now
 
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AC-21

My 2 cents is to apply for EAD now. And not worry about AC-21 informing BCIS for now. Too much info may confuse adjudicator.
 
Job portability was not available for concurrent filers initially, unless things have changed.

If indeed concurrent filers can now take advantage of AC-21 portability, please submit an employment letter as you state, a copy of your recent pay-stub, and if possible, documentation of the fact that your salary meets the conditions of the labor cert and that the new company has enough money to pay your salary going forward.
 
My Experience

1, I have discussed the matter with my Lawyer before leaving Company A .. He is confident that I should not inform BCIS, as it does not make much of a diff. My file will not be touched before its time and BCIS will follow standard practice of asking for Paystubbs , employment letter, W2 or may be Company's Tax Return. and as a matter of fact . its never a purpose to TRACK you.

2. nothing else required.
3. You will be supporting it by doing simmilar job, dont worry.
4, *
5. apply 4-6 months in advance
 
well, the Aug 2003 memo on AC-21 talks about concurrent filers also and how their 140s are valid even if they are revoked.

This suggests that concurrent filers can use AC-21.
 
If GC is defined as furture job, why the salary is an issue? Why USCIS ask for the pay slip? If employer agrees to pay after GC is enough?
 
In the same boat

talked to my lawyer and per him, i don't have to file for AC21 right away but attach along when i get RFE(RD 12/18/01). I switched 2 weeks back.
 
My lawyer suggests to file AC21

My lawyer is suggesting that I file AC21 instead of waiting for the RFE. This will cost me $800/- at least. not sure what to do.
:confused:
 
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