How much time limit to file AC 21

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nrmurli

Registered Users (C)
Hi Friends,

I am a new visitor to the family and will appreciate your replies. My AOS is pending from 1 year (RD 16 Nov. 2001). But My employer is going to lay me off on Dec 31st 2002. I don't expect to get approval by that time. In the mean time I have found a job as an Hourly contractor through a recruiting company. The contract will continue somewhere between 6-12 months. The job is better paying and is in similar profile as my previous one. The problem is that if I join as a contractor, I shall need some employement letter and I shall need to call attorney (which is paid by my current company) and file for AC 21. This will bring an unnecessary RFE from INS and will delay my greencard for few months again. What is the advise? Should I inform INS about change of JOB or keep silent. How much time one can take for filing AC 21 after change of job? If I keep silent for 2-3 months I am almost sure that I shall get approval since Vermont is processing october cased. But do they ask for employement letter at the time of stamping? If yes, I shall be better filing AC 21 some how by getting a letter from recruiter. Comments will be appreciated. Thanks.

murali
 
nrmurli

>>Should I inform INS about change of JOB or keep silent.

If you get approval before your layed off then no question arise to inform INS. I strongly beleive that you may get ur approval before 12/31. But incase if it is not approved before 12/31 then its up to u to decide whether to inform INS or not. Risky part is suppose if INS sends for RFE for paystubs and employment letter then they expect to provide it from old employer and not from new one. I feel that one should inform to INS abt job change, as this avoids RFE and and it is beneficial for you to get appoved even during applying for citizenship. I myself has changed my job on 11th month after applying 485 and informed INS abt the job change thru my lawyer( thanks to new law AC21)


>>How much time one can take for filing AC 21 after change of job?

Anytime before 485 is approved

>>If I keep silent for 2-3 months I am almost sure that I shall get approval since Vermont is processing october cased.

Yes, even I feel the same, ur chances are high to get approved before 12/31

>>But do they ask for employement letter at the time of stamping?
If ur called for interview at local INS then YES, employment letter is required to get the I-551 stamped in ur PP, otherwise u should be fine.


>>If yes, I shall be better filing AC 21 some how by getting a >>letter from recruiter.

Yes, I strongly suggest that.


Hope this helps. Good luck.
 
Another input:

Lot of cases do go thru w/o a RFE generation. If you go thru AC21, RFE is certainly a possibility and GC approval may be delayed.

The other option is to stay put and hope that a RFE is not generated. If generated, submit the new employer job letter and paystubs. The probability of a RFE in this scenario is less.

Good Luck!
 
nrmurli:

First of all, AC21 is not a form that you file with the INS. It's an abbreviated name for a law that was passed a few months back, called the American Competitiveness Act for the 21st Century, hence AC21. There's a good probability that you might be approved before 12/31/02, so best is to keep quiet and wait for the approval. But please consult your attorney about this. Ofcourse, most lawyers would recommend your informing the INS about the job change, but in my opinion it's best to stay put and wait for the approval/RFE. In case of an RFE, you could then submit documents from your new employer.
 
sam,

i am not clear..can we send employment letter for RFE from old employer too, even after we used AC-21 and joined another company

pls clarify
 
Will I really get approved by Dec 31st?

Hi Friends,

The way VT is processing, do you still think that I shall get approved by Dec 31st. I wish it becomes true but I am not even hoping for January since Nov. is gone and Dec is roughly only 3 weeks from INS point of view...and I am Nov 13th RD. Gosh..it is going to be not before Feb.

murali
 
nrmurli,
It seems as far as AC21 is concerned, it seems INS has to be informed of the job change but because of the wordings in the law, some lawyers intrepret it as being optional and others as mandatory.
If you want to inform INS, you will need to get a letter from your future employer with your job description and your salary and this should match as nearly as possible with what is listed in the Labor petition. It does not matter if the salary is higher than what is mentioned in the labor petition, but if it is lower it might be an issue.
Best advise is to consult an attorney and get him to tell you the required paperwork.
 
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