Do we need to file AC 21 if GC is for future worker?

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kiranmm13

Registered Users (C)
Hello All,

I have an employment based GC with my employer. I am EB3 category PD of March 2006 and have labor and 140 approved. I had an interview with my regional office and they said the case is ready to be approved just waiting on the visa numbers.
EB3 numbers to come to 2006 levels can take a long time I am guessing.

If in the mean time I plan to change my job, do I need to file AC21? If the GC is for future employment? Also my employer said that if I need to change jobs then he will give me letter saying I will come and work for him once the GC is approved.

In this scenario while changing jobs, do I need to see that the job title is same or similar and the job responsibilities are same as my LC?

I have a higher degree now while working as H1B and processing of 485 so the chances of me working in the same field are going to be slim if I actually do change jobs.

Please let me know your views. Your help and suggestions are really appreciated.
Thanks in advance.
 
kiranmm13 said:
Hello All,

I have an employment based GC with my employer. I am EB3 category PD of March 2006 and have labor and 140 approved. I had an interview with my regional office and they said the case is ready to be approved just waiting on the visa numbers.
EB3 numbers to come to 2006 levels can take a long time I am guessing.
-----------if you are from India or China it is going to take looooong time.

If in the mean time I plan to change my job, do I need to file AC21? If the GC is for future employment? Also my employer said that if I need to change jobs then he will give me letter saying I will come and work for him once the GC is approved.

In this scenario while changing jobs, do I need to see that the job title is same or similar and the job responsibilities are same as my LC?
-----------------------YES, for AC21 new employer need to write the job duties as on LC or should be same/similar. you will file AC21 only if you are going to work after your I-485 approval with new employer .

I have a higher degree now while working as H1B and processing of 485 so the chances of me working in the same field are going to be slim if I actually do change jobs.

Please let me know your views. Your help and suggestions are really appreciated.
Thanks in advance.
Click to expand...
-------------------------You should post in AC21 thread and read the info or search for AC21 Memo
 
Hello Ginnu,

Thanks a lot for the reply.
So reading your reply...so if I "plan to come back" to old employer after 485 gets approved, then I "do not need" to file AC 21 you mean?


In this scenario while changing jobs, do I need to see that the job title is same or similar and the job responsibilities are same as my LC?
-----------------------YES, for AC21 new employer need to write the job duties as on LC or should be same/similar. you will file AC21 only if you are going to work after your I-485 approval with new employer .
 
kiranmm13 said:
Hello Ginnu,

Thanks a lot for the reply.
So reading your reply...so if I "plan to come back" to old employer after 485 gets approved, then I "do not need" to file AC 21 you mean?

--------------------Employer A filed LC and I-40 for you and Employer A gave you job offer letter that was that was attached with I-485. If you want to work with A after I-485 approval then no need of AC21. USCIS may ask latest job offer of A before the approve I-485 the USCIS will have record that you are working with B.

In this scenario while changing jobs, do I need to see that the job title is same or similar and the job responsibilities are same as my LC?
-----------------------YES, for AC21 new employer need to write the job duties as on LC or should be same/similar. you will file AC21 only if you are going to work after your I-485 approval with new employer .
Click to expand...
------------------if you want to join B and want to work with B after I-485 approval then B should give you job offer letter with same/similar job duties as on LC filed by A so that you can invoke AC21.
GC is for future job.
For more info contact your lawyer.
 
Thnak you so much again ginnu,

That reply helps a lot one more questions though:

reading your first option
Employer A filed LC and I-40 for you and Employer A gave you job offer letter that was that was attached with I-485. If you want to work with A after I-485 approval then no need of AC21. USCIS may ask latest job offer of A before the approve I-485 the USCIS will have record that you are working with B.

In this scenario if I change my job to employer B than is it necessary that the job responsibilites need to be same or similar?

Thanks again for the help
 
kiranmm13 said:
Thnak you so much again ginnu,

That reply helps a lot one more questions though:

reading your first option
Employer A filed LC and I-40 for you and Employer A gave you job offer letter that was that was attached with I-485. If you want to work with A after I-485 approval then no need of AC21. USCIS may ask latest job offer of A before the approve I-485 the USCIS will have record that you are working with B.

In this scenario if I change my job to employer B than is it necessary that the job responsibilites need to be same or similar?
----------------------if you are going to work with B and are not going to work with B AFTER I-485 approval then no need of same/similar job duties. Same/similar job duties are for AC21. GC is for future job and not for present job.
Thanks again for the help
Click to expand...
----------------------- I dont know if you are going to join B with EAD or with H1 transfer. you should go to lawyer of B and seek legal advice according to your situation. What is your country of Birth??
 
Ginnu,

If I join company B, it will be on EAD as my H1B 6 years is going to be expired in another 5-6 months.
My 485 is in EB3 category and already had my pre-adjudication interview at local office and the immigration officer said as soon as the numbers become available it is ready to be approved.

My country of bith is India.

Thanks.
 
kiranmm13 said:
Ginnu,

If I join company B, it will be on EAD as my H1B 6 years is going to be expired in another 5-6 months.
----------------------Your GC is going to take long time. If you are not married and plan to get married and want to bring the spouse to US on H4 then remain on H1 status. You can file H1 extension before the I-94 gets expired. You can also join new employer with H1 transfer (they can file transfer and extension based on your Pending I-485)

My 485 is in EB3 category and already had my pre-adjudication interview at local office and the immigration officer said as soon as the numbers become available it is ready to be approved.

My country of bith is India.

Thanks.
Click to expand...
EB3/India and PD of March 2006. it is going to take loooooong time to get GC. Visa numbers for EB3/India are not going to be current in coming months. for many I-485 USCIS has done pre-adjudication and it does not mean that they are going to approve I-485 in few months.
 
Ginnu,

In that context I am well taken care of, I was married when I applied for 485 for both of us. Wife is already in US and actually has been working on EAD for last 2 years.

I know EB3 India with 2006 is going to take a long time; I am thinking probabaly another 4 years before I can get my GC and that is the reason I was thinking about getting a different job - related to the advanced degree I got in last 3 years and then returning to the old employer for the old job once 485 gets approved.

But yes it is going to be a long wait and I have stopped thinking about that. Hopefully something changes soon.

Thanks for your help again.
 
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