Gurus, please help. Mass layoffs coming - not sure if I qualify for AC-21

O

OregonGCSeeker

New Member
Hello Gurus,
Thank you very much for reading my post. My apologies in advance for the verbose description.

Here are the facts related to my case:

1. GC Category: EB-3 (India)
2. Priority Date: July 15, 2003
3. Occupation (per LCA): Software Engineer, 15-1031
4. I-140: Approved
5. I-485 submitted in June 2007; USCIS acknowledged the receipt on 09/11/2007.
6. I have been with my current employer since June 2002.
7. I am no longer on H1-B having entered the country last year on AP.


My employer has decided to outsource our entire department to India. No date has been given yet but it could happen anytime. My questions are:

1. Am I eligible for AC-21?

2. If the answer is yes: I have earned additional degrees and certifications over the years (MBA and PMP) which could technically get me an entry level management position. However, from what I have read, the AC-21 provisions don't allow me to pursue anything other than what my LCA states (Occupation (per LCA): Software Engineer, 15-1031). Is my understanding correct?

3. Follow-up to (2): If I can find an IT Lead Position (Team Lead, Project Lead, etc), does AC-21 allow me to take up such a position if most or all of my job duties remain the same?

4. If I am unable to find a suitable position within a couple of months, does my EAD allow me to keep looking? If so, how long?

5. Any other suggestions or advice are very welcome.

Thanks a lot in advance for your thoughts on this issue.

Best Regards,
-Raja
 
Last edited by a moderator:
OregonGCSeeker said:
Hello Gurus,
Thank you very much for reading my post. My apologies in advance for the verbose description.

Here are the facts related to my case:

1. GC Category: EB-3 (India)
2. Priority Date: July 15, 2003
3. Occupation (per LCA): Software Engineer, 15-1031
4. I-140: Approved
5. I-485 submitted in June 2007; USCIS acknowledged the receipt on 09/11/2007.
6. I have been with my current employer since June 2002.
7. I am no longer on H1-B having entered the country last year on AP.


My employer has decided to outsource our entire department to India. No date has been given yet but it could happen anytime. My questions are:

1. Am I eligible for AC-21?
---------YES
2. If the answer is yes: I have earned additional degrees and certifications over the years (MBA and PMP) which could technically get me an entry level management position. However, from what I have read, the AC-21 provisions don't allow me to pursue anything other than what my LCA states (Occupation (per LCA): Software Engineer, 15-1031). Is my understanding correct?
-------LCA is for H1 and LC is for GC your new employer should be ready to give you job offer letter to invoke AC21 with same/similar job duties as on LC

3. Follow-up to (2): If I can find an IT Lead Position (Team Lead, Project Lead, etc), does AC-21 allow me to take up such a position if most or all of my job duties remain the same?
-------------------------Yes, GC is for future job AFTER I-485 gets approved
4. If I am unable to find a suitable position within a couple of months, does my EAD allow me to keep looking?
----------------Yes
If so, how long?
--Dont know.

5. Any other suggestions or advice are very welcome.
-----Find new employer, join new employer and then invoke AC21
Thanks a lot in advance for your thoughts on this issue.

Best Regards,
-Raja
Click to expand...
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follow-up questions!! please advise.

Thanks, Ginnu. I appreciate your help. It helps me understand this better now. Thanks everyone for reviewing this. Two more follow-up questions. Please help me with your feedback and advice.

1. If the answer is yes: I have earned additional degrees and certifications over the years (MBA and PMP) which could technically get me an entry level management position. However, from what I have read, the AC-21 provisions don't allow me to pursue anything other than what my LCA states (Occupation (per LCA): Software Engineer, 15-1031). Is my understanding correct?
-------LCA is for H1 and LC is for GC your new employer should be ready to give you job offer letter to invoke AC21 with same/similar job duties as on LC
-----------FOLLOW-UP QUESTION. Since I have earned/developed experience and additional skills over the years, I think my next job will have higher level job duties and responsibilities. Would it be enough to make sure that the new job offer letter have at least some job duties in common with the duties in LC to make it eligible for AC-21? Will this be enough to meet the "similar" criteria?

2. Follow-up to (2): If I can find an IT Lead Position (Team Lead, Project Lead, etc), does AC-21 allow me to take up such a position if most or all of my job duties remain the same?
----------Yes, GC is for future job AFTER I-485 gets approved
----------------FOLLOW-UP QUESTION: If GC is for future job that means I can take up any job in the IT world. Cool:) Just a clarification - Can I take up any IT job including jobs with IT management titles (such as IT Manager, IT Project Manager etc) as long the job offer contains some similar job duties from LC to make it AC-21 eligible? It seems it is quite possible that I will be able to get IT management job though my LC is approved with occupation Software Engineer, 15-1031. Please let me know.

Thank you. I appreciate it.
 
I am in similar boat as you are. However I want to caution you that when you use AC21, it means YOU ABANDON THE INTENT OF JOINING SPONSORING EMPLOYER on approval of I-485 and the new Employer becomes your GC petition sponsor who will provide you the same job once your I-485 is approved. Also, since the future job was advertised of having certain job duties like software engineer 15-031, for which they could not find any local "talent", hence, they are offering you that position, if you take a different job with different job duties and title and invoke AC21, then technically the "offer" is invalid.

AC21 means "porting" of original job offer i.e. 15-031 in your case, as USCIS "failed" to adjudicate your case in time and in this 21st century economy, things change fast, so they allow you to do this.

You can do one thing: If your sponsoring employer "keeps the future job offer valid" and gives a letter stating that, knowing that until you get the petition approved, you can work for someone else, then you do not abandon the INTENT of taking job 15-031. In the meanwhile you can take any job. I am still trying to see if this option can work or not...

GURUS, please help!!!
 
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