Finally changing Jobs!! But different job title...Help me!!

W

WRD1

Registered Users (C)
I am planning to accept a new job(just joining the client) with a slightly higher base pay(bonuses, etc)..3K more than the LC stated pay... The question is that the LC is applied for Software Engineer..my client have only IT analyst job title equavalent to Software Engineer. After I requested, they are ready to give it as Software Engineer/IT Analyst. Other than that, job description is same as in LC. Gurus, do you see any problem in changing the job using AC-21?

Thanks for your inputs.
 
you can change jobs after 180 days. but it is always better to change only if your company filed for bankarupcy, or you got laid off, or your employer is not paying etc... some valid reasons...


Good luck with your new employer. All the best.

Regards
 
m2002.

why do you say that "......it is always better to change only if your company filed for bankarupcy, or you got laid off, or your employer is not paying etc".

To my knowledge there is no cognizance of this.
 
It is always better to give a proper reson for JOB change to BCIS, because yopu do not want to tell INS that you chaged the job because you did not like the sponsering employer for GC ("for resons like pay, likely that i might get laid off etc"0
These are my thoughts, there is nothing written about this in official documents.

Cheers.
 
Do we need to give a reason to INS for changing jobs

m2002 --do we need to give reason for changing jobs to INS?

To my knowledge all we have to inform INS is change of job-no reasons are required.

Correct me if I am wrong.
 
All INS cares about is that you have a job that is same/similar to the previous job .
 
Do we have to inform INS as soon as I change the job or wait for an RFE and report the job change as well as part of the response? My attorney said like that. He is not good anyway. So I don't want to listen and act just on his advice...Any inputs...?
 
Hi WRD1:

Your attorney is correct. You do not have to inform BCIS regarding your JOB change now, you can inform them when they question about this. If you inform BCIS now then it will trigger an Employment RFE automatically. Even though employment status RFE is common these days you should not trigger the RFE by informing BCIS about this. Go with your lawyer he is correct.

Cheers
 
You may consider informing BCIS and sending them the offer letter that mentions the salary and job description. That should pre-empt the employment RFE and well as keeps you safe from potential problems with BCIS
 
Here is my 2 cents ...

base don my reading and my understanding of the AC21 memo and guidance provided ... here is what I believe will happen ..

if
the I-485 beneficiary changes jobs from the sponsoring employer to another (in the same / similar job category) <B>AND</B> the I-140 sponsoring employer revokes the I-140 approval <B>AND</B> if the beneficiary has not informed the BCIS about the job change prior to the date on which the intent to revoke application was sent, then
 
please ignore my previos message... here is the complete one

Here is my 2 cents ...
base don my reading and my understanding of the AC21 memo and guidance provided ... here is what I believe will happen ..

if
the I-485 beneficiary changes jobs from the sponsoring employer to another (in the same / similar job category)

AND
the I-140 sponsoring employer revokes the I-140 approval

AND

if the beneficiary has not informed the BCIS about the job change prior to the date on which the intent to revoke application was sent,

then

BCIS will send a notice of denial to which the beneficiary will have to respond in 30 days.
s
Clearly Notice of denial is not something one wants at the time of approval.

Thus one of the following conditions must be met if that is to be avoided...

1. Inform BCIS of the job change
(or)
2. Make sure the I-140 sponsoring employer does not revoke the I-140 approval.

I agree with hidden message of the earlier poster .. that you shd change jobs only in siituations beyond your control... the hidden message was that if there is no unavoidable circumstance to change jobs then the intent of permanent employment and hence the whole process on which the I-140 is based can be questioned... (better prospects / bitterness with employer alone does not qualify for "unavoidable circumstance" .....

As I said, this is my humble opinion.

Good luck in all your endeavors.


DISCLAIMER
I am not a lawyer nor do I have anything to do with law... the above is what I would do in your circumstance... use my thoughts at your own risk...
 
I had a paid consultation($150 for 20 mins) with an attorney(485 specialist it seems) in Law Offices of Sheela Murthy and she told that I need inform the BCIS as soon as possible after I start the work in new company. BCIS have issued a memo recently on that it seems. She also adviced me that as long as the job description matches(as close as possible), it should be fine. She didn't raise any other issues. So we do need to inform BCIS as soon as possible and preferablly before 485 gets approved. This is what she said. She also told me that it is not a good idea to change the company for 6-12 months after getting the approval and working for the sponsoring company(or the company you switched using AC-21)..

Hope this helps..

So I am changing jobs in 2 weeks...
 
I was also under the same position few days back. I consulted my company's lawyer and they told me that for job change we just need to send INS a letter (similar to one given during filing I-485) , which states the job title (same or nearly similar) and salary (may be same or greater , but DEFINITELY NOT LESSER THAT STATED IN THE LABOR /I-140 PETITION). In your case I dont think there should be any problems. As per my lawyer, INS needs AC21 (for job change) supported with the new company letter with contents specified above. I know many people who have changed jobs and got their GC approved also.
 
Why the current salary can DEFINITELY NOT BE LESSER THAT STATED IN THE LABOR /I-140 PETITION)?

Does the new AC21 Memo say anything about salary difference?
 
Because the letter which needs to be provided to INS while informing them of job change needs the "job title" as well as "salary" which should be the same.
 
Personal experience:

1. I got laid off from previous company, but did not inform INS
2. Took up position in another company with almost the same salary and job description but TOTALLY different title
3. Received RFE for birth cert - sttorney replied to it AND along with it, he also preemptively invoked AC21
4. 485 got approved in 4 weeks

Conclusions from experience and research:

* The new salary can be less or more (preferably not substantially less) than the previous salary
* Do not worry about job title - it is irrelevant as long as you do not switch from computers to say, genetics!
* It is not a requirement that you should switch only if you're laid of or the company goes bankrupt. You do not even inform INS WHY it is that you switched the company. And they don't care.

Good luck
Pardoner
 
Thanks Pardoner!! Posts like yours give us faith that even the most drastic situations can get approved. For other people in this forum contemplating AC21, I had some time ago subscribed to the AC21 group in yahoo. Here's the email from one of the folks (JP Moron) who used Ac21 and got approved :

-----------------------Start Email----------------------

I got a pleasant surprise tonight when I check my
status online (It wasn't there this afternoon).
Finally, my case has been approved!!!

Me and my family have been praying very hard through
the trying times and the Lord God Almighty have always
guided and blessed us and I would like to praise Him
for all the blessings He has given me and my family.

To all those who have been asking me and for those who
wants to know, here are the details and status of my
case at VSC (I live in New Jersey):

2001
10/09/2001 - I-485 Receipt Date
11/23/2001 - I-485 Notice Date
2002
01/31/2002 - Finger Print
11/22/2002 - LAID-OFF (I took my unemployement ins.)
12/22/2002 - RFE Notice Date
2003
01/29/2003 - Started with NEW JOB
02/28/2003 - Lawyer Sent Response (AC21)
03/05/2003 - INS Received my RFE Response
03/08/2003 - Deadline to submit RFE response
03/28/2003 - Online Notification CASE APPROVED!! (No
interviews)

Under RFE, INS asked for the following:
*** RFE EXCERPTS - START ***
You must establish that you are not likely to become a
public charge.

Please submit a current employment letter stating your
date of hire, prospect for continued employment, job
title, work duties and salary.

Please submit a complete copy of your 1999, 2000 and
2001 Federal Income Tax returns, to include W-2.

Please submit copies of your pay statements for the
past month.
*** RFE EXCERPTS - END ***

I got my lawyer from the AILA website as a referral.
Paid $500 to represent me (RFE only). Although it was
not asked in the RFE, my 2003 W2 was also submitted.

*** EMPLOYMENT LETTER FORMAT - START ***
[Company Letter Head/Address]

[Date]

Immigration & Naturalization Service
75 Lower Welden Street
St. Albans, VT 05479

Re: [JPMoron]

To Whom It May Concern:

We are please to confirm/certify that the above-named
is currently in our employ as indicated below:

Job Title:
Office Automation Manager

Job Description:
Analyze, develop and code back office systems such as
marketing, commission and service billing.
provide comprehensive end user support for his
respective area.
Perform extensive database administration.
Perform Windows NT and 2000 network administration.

Date of Hire:
January 29, 2003

Annual Salary:
$XX,XXX/year

Status:
This is a full-time position (W2-40 hours/week).

If you should have any questions, please feel free to
contact me at (XXX) XXX-XXXX.

Regards,

XXXX
Human Resources Manager
*** EMPLOYMENT LETTER FORMAT - END ***

My HR didn't give me a hard time at all. Actually, I
copied the employment letter format from a friend who
submitted an RFE. They just filled in the right
information.

Below is what I have in my LABOR/I-140

*** LABOR/I-140 JOB DESCRIPTION - START ***
Job Title:
Programmer/Analyst

Job Description:
Analyzes, designs, develops, codes, implements and
maintains network systems, administration softwares
and application program utilizing Novell Netware.
Provides technical support and network infrastructure
administration.
*** LABOR/I-140 JOB DESCRIPTION - END ***

I would also like to thank those in the group who has
given advices to me through the trying times and
everybody else in the group.

I hope some information here would be useful to some.

:)

--------------------End Email------------------------------------------------
 
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