Has anyone used AC21 immediately after I-140 was approved?

A

abouttime

Registered Users (C)
I always hear 2 versions of the story -

i. You can shift the job immediately after the approval of I-140 so long as it is 6 months after the I-485 application date (for concurrent processing).

ii. Wait till 6 months after I-140 is approved even if I-485 has been pending for over an year.

Which of these is TRUE? Has anyone shifted jobs using option (i) above?

Also, if it is okay to shift jobs, does it really matter when I-485 gets approved? For all practical reasons, it is as though you got the green card, right? You can shift jobs, do what you want.

Is this right or am I missing something that I-485 is going to provide?

Thanks.
 
Originally posted by abouttime
I always hear 2 versions of the story -

i. You can shift the job immediately after the approval of I-140 so long as it is 6 months after the I-485 application date (for concurrent processing).

ii. Wait till 6 months after I-140 is approved even if I-485 has been pending for over an year.

Which of these is TRUE? Has anyone shifted jobs using option (i) above?

In my opinion (ii) is a false statement.

Also, if it is okay to shift jobs, does it really matter when I-485 gets approved? For all practical reasons, it is as though you got the green card, right? You can shift jobs, do what you want.

Using AC21 is not equal to having GC. The AC21 has a condition. The other job should have the same/similar job description, responsibilities and salary etc. Same would be ideal, similar could potentially generate RFE if you are unlucky. You cannot do what you want like take up a job like a casino card dealer. AC21 gives you slight relief. AC21 carries some restrictions. As long as the constraints are met you have a certain freedom (not absolute as in GC).

HTH

Is this right or am I missing something that I-485 is going to provide?

Thanks.
Click to expand...
 
When you have an EAD, cann't you work in anything you want like cann't you work at MacDonalds or Burger King? Is there something that says on EAD that the person should work in software field only?
 
Originally posted by hrithikroshan11
When you have an EAD, cann't you work in anything you want like cann't you work at MacDonalds or Burger King? Is there something that says on EAD that the person should work in software field only?
Click to expand...

I dont think you can work on any job if you are an princple applicant. rules clearly states that "same or similar" jobs.
 
I guess one can work anywhere as part time as long as he/she is working for sponsoring employer at the same time.
 
Thanks, gc_majburi!

A follow-up question though -

* Can I get a job as a manager even if I'm a software programmer now or will it cause problems?

* Can I take up a job in an entirely different part of the country?

Also, I can switch jobs immediately after the I-140 approval right?
 
I have done that - I will wait for my fate now..

I changed job on 21st day after i-140 approval.

Basically joined the client...

I almost had no other options. Was working for the client since last 3+ years. Client had lost his patience in last 6 months.

As per the current interpretation of the memo, I assume (and as per clients' lawyers advice), I should be fine.

But you know USCIS, things can change anytime, rules can change anytime (remember AC-21 is still a memo and not law).

If it happens and I don't get GC, I will see it as "whatever happens - happens for good" ( At least that has been the case till date..).

I will keep the forum updated on my progress or regress...
 
Originally posted by hrithikroshan11
Can the spouse work at MacDonalds or Macys? Why cann't the principal applicant work at MacDonalds if he is also working for the software company through which he filed his GC?
Click to expand...

Your primary job should be for the job specified in labor. You can work in n number of part-time jobs. It is a stipulation for the primary applicant. Your spouse on the other hand is a derivative applicant. No such restrictions apply for the spouse. Spouse can work anywhere, any industry.
 
Originally posted by abouttime
Thanks, gc_majburi!

A follow-up question though -

* Can I get a job as a manager even if I'm a software programmer now or will it cause problems?

if labor cert mentions a software programmer code then same/similar position does not mean a manager. So technically it is wrong. USCIS can easily reject.

* Can I take up a job in an entirely different part of the country?

You can take up a similar job anywhere in the country using AC21. Usually AC21 cases are better handled thru attorneys. As long as you have a competent attorney you should not have any problems using AC21.

Also, I can switch jobs immediately after the I-140 approval right?

Yes. But another stipulation that I485 should have been pending for atleast 180 days. If this is not met you could be in trouble. As long as all the stipulations are met you can rest in peaceful state of mind.
Click to expand...
 
Thanks, gc_majburi!

So, if I can only work as a software engineer and in very similar job duties, what is the realy advantage of AC21? How does it help?
 
advantages

i believe the real advantage is if the employment situation at your current job is becoming uncomfortable for a variety of reasons. sometimes people need to switch companies but maintain the same role/job/resonsibilities/pay/etc... because they specifically do not want to work at their current employer. also if your current employer goes bankrupt, you can get the same job at a competitor without losing your greencard application and having to start again. there are more advantages however i believe these are the main ones.
 
Re: advantages

Originally posted by douglas
i believe the real advantage is if the employment situation at your current job is becoming uncomfortable for a variety of reasons. sometimes people need to switch companies but maintain the same role/job/resonsibilities/pay/etc... because they specifically do not want to work at their current employer. also if your current employer goes bankrupt, you can get the same job at a competitor without losing your greencard application and having to start again. there are more advantages however i believe these are the main ones.
Click to expand...

AC21 gives relief for oppressed employees and from layoffs. You could negotiate well and take the same salary but have higher bonus, better benefits etc. That way you can make atleast 30% more with the same job. Normally, people do not use AC21. In pre-AC21 era, there was no way you could get out of a rut situation.

hth.
 
Hi ,

Do we need anything form Old company , does old company can do anything about the I-485 , I mean can he stop it , what we will need from new company till we get GC, does anyone got RFE after I-140 approved , if what is it ? please advise

Thanks
 
You must log in or register to reply here.
Top