Gurus: AC21 Question

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gb04

Registered Users (C)
I am being offered a full time position from a different company but my GC is still in process. My 140 has been approved and its been six months since I filed my 485 as you can tell from my signature. Also I am already using EAD with my GC sponsor.

Two questions:

1) Practically, how safe is it to use AC21 under these circumstances...say I change my company and there is an RFE later on but the sponsoring company do not co-operate?

2) The new position is "Sr. Application Developer" but my labor and 140 are approved for "Software Engineer". Salaries are almost same (slightly more at the new job). Will this be an issue during 485 approval?

There is no complusion for me to take this full time position except future stability with a top financial company. My current company is treating me well and I am happy with them but I want to know what are the risks in taking up this offer. If there is even a slight risk, I won't go for it.

Thanks gurus!
 
gb04 said:
I am being offered a full time position from a different company but my GC is still in process. My 140 has been approved and its been six months since I filed my 485 as you can tell from my signature. Also I am already using EAD with my GC sponsor.

Two questions:

1) Practically, how safe is it to use AC21 under these circumstances...say I change my company and there is an RFE later on but the sponsoring company do not co-operate?

2) The new position is "Sr. Application Developer" but my labor and 140 are approved for "Software Engineer". Salaries are almost same (slightly more at the new job). Will this be an issue during 485 approval?

There is no complusion for me to take this full time position except future stability with a top financial company. My current company is treating me well and I am happy with them but I want to know what are the risks in taking up this offer. If there is even a slight risk, I won't go for it.

Thanks gurus!
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If you file your AC21 you should be fine. But the difficulty comes only when there is an RFE and if your employer is not responding to it, because you have left him. You say that your employer is good, but it doesnt mean that he would be good to you even after leaving the company.

Even though stability/extra $$$ is tempting, you need to weigh and see as what is best for you. If I were you, I would stick to my employer as the pay doesnt even have a big rise from what you are earning now with what you are being offered.

Good Luck!
 
There is an application called G-28. If you file this with your new Attorney's information(who represents the new employer), then all future correspondences regarding your case will be sent to your new attorney. In this case, you don't have rely on your previous employer.
 
Thanks for the replies. Anybody who can anwer my second question:

2) The new position is "Sr. Application Developer" but my labor and 140 are approved for "Software Engineer". Salaries are almost same (slightly more at the new job). Will this be an issue during 485 approval?
 
gb04 said:
Thanks for the replies. Anybody who can anwer my second question:

2) The new position is "Sr. Application Developer" but my labor and 140 are approved for "Software Engineer". Salaries are almost same (slightly more at the new job). Will this be an issue during 485 approval?
Click to expand...

You should be fine as you know that one doesnt be in the same designation for years together. As long as your job duties are similar/same, you are fine.
 
Common RFEs that come in I485 stage pertaining to employer are EVL (employment verifiction letter) and in some rare instances, ability to pay from the new employer.

If your new employer is willing to support your GC i.e. give you a letter saying that your job duties are same as in labor and that you will be employed full-time with them with labor-proffered wage on receiving your GC, then you should be fine. Search the forums for this letter format. Job title is not too relevant but job duties are. Its how you (and your employer) play this thing. If you have the same title then mention it in the new AC21 letter. If you don't, then don't mention it, just emphasize on job duties being similar.

SInce your I140 is approved, you wont have to worry about ability to pay thing. There have been handful of instances (mentioned on this forum) where they have asked for ability to pay from the new employer even though I140 was approved.

Good luck.
 
I don't want to hack this thread but it seems to me that I have gone through the same situation....except that - my new employer already helped me file for my AC21 but due to some unfortunate organizational circumstances - I got laid off. It will take 30-45 days for me to find new project and employer. The new job I can make sure is in the same line.

Since, I am between jobs now. Guys please let me know how much gap technically I can give between these jobs??

Also, due some emergency I have to travel out of country now....anything I should keep in mind?

Thanks in advance!
 
avi101 said:
Common RFEs that come in I485 stage pertaining to employer are EVL (employment verifiction letter) and in some rare instances, ability to pay from the new employer.

If your new employer is willing to support your GC i.e. give you a letter saying that your job duties are same as in labor and that you will be employed full-time with them with labor-proffered wage on receiving your GC, then you should be fine. Search the forums for this letter format. Job title is not too relevant but job duties are. Its how you (and your employer) play this thing. If you have the same title then mention it in the new AC21 letter. If you don't, then don't mention it, just emphasize on job duties being similar.

SInce your I140 is approved, you wont have to worry about ability to pay thing. There have been handful of instances (mentioned on this forum) where they have asked for ability to pay from the new employer even though I140 was approved.

Good luck.
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I am concerned about 485 RFE although I am not there yet.
Could you confirm, for 485 RFE, there is NOTHING for previous employer with your labor certificate and 140? And, Employment verication is for your new employer? Thank you in advance.
 
I think you will be fine as long as you port your pending 485 appllication to your new Attorney (representing your new company).

The new position seems fine to me. I have read lots of postings about the post in the new company for AC21 purposes and seems they allow some decent amount of flexibility. And yours look pretty simple. You graduated to a Sr post with increase in salary. I dont see why the USCIS will have a problem with that.

Seems a straight forward case for AC21 to me, unless someone says otherwise and adds to my knowledge about AC21. I guess make sure of the following.

- Six months have passed since 485 filing
- I-140 has been cleared.
- The new post at the company is similar to the current.
- New Salary is almost same + or - $5K is okay. Actaully ++++ is never going to be problem, as long as the position is similar.
- Port the pending 485 to the new attorney (representing the new company).

neocor
 
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