Hi Henrysh,
Glad to see your putting together a FAQ. I humbly volunteer the
following information on my experience changing jobs using AC21.
Feel free to use it in your FAQ if you wish.
Other guys, if I left anything out then let me know and I will
try to answer it (if I can).
Regards,
Bongo
AC21, 180 Day Rule, Bongo\'s Experience
======================================
Please note, I am not a lawyer, but went
through the 180 day change with lots of others.
The knowledge in this FAQ is based on our experience
with CSC.
A considerable change in AOS processing occurred
when AC21 was put in place. A key provision in AC21
allowed individuals with AOS (not CP) cases
pending for more than 180 days to "port" their I140
application to a new job, if the new job was in a similar
occupation category to the job filed in the underlying
I140 or LC. The following information is a summary
of my experience and the experience of others. Because
I know my experience the best, I will often refer to it.
However, please note that my underlying I140 was an
EB1 Outstanding Researcher, so I did not need to
file a LC. Apart from that, my experience is similar to other
categories.
1. Do I need to inform the INS of a change in job
The memo explaining AC21 states you are required to do so.
However, it then states that if the INS officer believes
you have changed jobs they will send a RFE. Most individuals
are taking the route of waiting for the INS to send them
a RFE.
2. If I change jobs, will the INS know I did and send a RFE.
Probably not. I and many other people changed jobs without
telling the INS. We all got our approval without RFE, even though we
indirectly "told the INS" we intended to change jobs by filing
H1 transfers.
3. What is the proceedure for changing jobs using AC21
There is no explicit proceedure, but people have been doing the following.
a. Telling the INS of the job change (or not).
b. Filing a H1 transfer
c. Joining new company on H1 (remember due to the portability rules of
H1\'s you can join after H1 is filed).
d. If necessary changing address with INS after approval.
4. Can I change to a job in a new state?
Yes, I and other people have done this and we got our approvals
OK.
5. Do I join the new company on a H1 or an EAD card?
If possible, join on a H1. The EAD card is tied to you AOS processing.
If your AOS is denied, then your EAD card is invalid and you will be
out of status and can\'t work. By joining on the H1 if your AOS is
denied then you can work and are in status. I am not sure if your
AOS is denied and you are appealing your case if you can use your
EAD card. Knowing the INS I believe you can\'t.
6. If I use the 180 day rule and I get an RFE for paystubs, W2\'s etc,
can I use the new employer paystubs etc?
Yes, people were in this exact situation and replied to the RFE
using the NEW employer information and got their approval.
7. Will not telling the INS I changed jobs cause problems later on
for citizenship?
Possibly yes according to FDBL (a top-class law firm). However, AC21
is vague, when it comes my time for naturlization, I will argue
that I did tell the INS I changed jobs by filing a H1 transfer.
8. Should I keep any documentation?
Yes, Yes, Yes. The implementation of AC21 is evolving, so you need
to create an INS documentation trail stating what you did.
9. When can I change jobs?
There are two schools of thought.
a) Change after 180 days from RD
b) You can change before 180 days so long as the case is not
adjudicated within 180 days from RD.
So far it is unclear which is correct. If you can, use the more
conservative route a).
Glad to see your putting together a FAQ. I humbly volunteer the
following information on my experience changing jobs using AC21.
Feel free to use it in your FAQ if you wish.
Other guys, if I left anything out then let me know and I will
try to answer it (if I can).
Regards,
Bongo
AC21, 180 Day Rule, Bongo\'s Experience
======================================
Please note, I am not a lawyer, but went
through the 180 day change with lots of others.
The knowledge in this FAQ is based on our experience
with CSC.
A considerable change in AOS processing occurred
when AC21 was put in place. A key provision in AC21
allowed individuals with AOS (not CP) cases
pending for more than 180 days to "port" their I140
application to a new job, if the new job was in a similar
occupation category to the job filed in the underlying
I140 or LC. The following information is a summary
of my experience and the experience of others. Because
I know my experience the best, I will often refer to it.
However, please note that my underlying I140 was an
EB1 Outstanding Researcher, so I did not need to
file a LC. Apart from that, my experience is similar to other
categories.
1. Do I need to inform the INS of a change in job
The memo explaining AC21 states you are required to do so.
However, it then states that if the INS officer believes
you have changed jobs they will send a RFE. Most individuals
are taking the route of waiting for the INS to send them
a RFE.
2. If I change jobs, will the INS know I did and send a RFE.
Probably not. I and many other people changed jobs without
telling the INS. We all got our approval without RFE, even though we
indirectly "told the INS" we intended to change jobs by filing
H1 transfers.
3. What is the proceedure for changing jobs using AC21
There is no explicit proceedure, but people have been doing the following.
a. Telling the INS of the job change (or not).
b. Filing a H1 transfer
c. Joining new company on H1 (remember due to the portability rules of
H1\'s you can join after H1 is filed).
d. If necessary changing address with INS after approval.
4. Can I change to a job in a new state?
Yes, I and other people have done this and we got our approvals
OK.
5. Do I join the new company on a H1 or an EAD card?
If possible, join on a H1. The EAD card is tied to you AOS processing.
If your AOS is denied, then your EAD card is invalid and you will be
out of status and can\'t work. By joining on the H1 if your AOS is
denied then you can work and are in status. I am not sure if your
AOS is denied and you are appealing your case if you can use your
EAD card. Knowing the INS I believe you can\'t.
6. If I use the 180 day rule and I get an RFE for paystubs, W2\'s etc,
can I use the new employer paystubs etc?
Yes, people were in this exact situation and replied to the RFE
using the NEW employer information and got their approval.
7. Will not telling the INS I changed jobs cause problems later on
for citizenship?
Possibly yes according to FDBL (a top-class law firm). However, AC21
is vague, when it comes my time for naturlization, I will argue
that I did tell the INS I changed jobs by filing a H1 transfer.
8. Should I keep any documentation?
Yes, Yes, Yes. The implementation of AC21 is evolving, so you need
to create an INS documentation trail stating what you did.
9. When can I change jobs?
There are two schools of thought.
a) Change after 180 days from RD
b) You can change before 180 days so long as the case is not
adjudicated within 180 days from RD.
So far it is unclear which is correct. If you can, use the more
conservative route a).
