IS AC21 better than the GC ?

E

eb2_I485_RD0901

Registered Users (C)
Issue:
AC21 allows a person to change jobs when I-485 is pending for 180 days. But after getting GC , it is "recommended" to work for 6 months.

So the question is what happed to the "INTENT to work for the Sponsoring Employer" in AC21 ? Why this disparity in the AC21 & GC ?

I know the AC21 is silent about the job changes after GC. Any comments ??
 
Originally posted by eb2_I485_RD0901
Issue:
AC21 allows a person to change jobs when I-485 is pending for 180 days. But after getting GC , it is "recommended" to work for 6 months.

So the question is what happed to the "INTENT to work for the Sponsoring Employer" in AC21 ? Why this disparity in the AC21 & GC ?

I know the AC21 is silent about the job changes after GC. Any comments ??
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The language of AC21 law has too many unanswered questions. Moreover BCIS has not come out with any regulations or interpretations of AC21. Until that happens it is anybody's guess.
 
My understanding from what I have read at this forum is that it is all about intent. The day your GC is approved, it should be your intent to be working in a permanent position for the company that BCIS is approving you for. Although some have reported changing jobs under the premise of AC21, they have not informed BCIS of the job change. I believe that accepting a GC under these conditions may be deemed fraudulent.
I have no legal knowledge; this is just my own conclusion.
 
W8nc,

I do not understand what you mean by "premise of AC21".
AC21 is a Publised LAW.

It is clear that a person can change jobs, but my question was more on "Intent to work for the sponsoring employer" in the GC approval vis-à-vis the AC21.
 
I do not understand what you mean by "premise of AC21".
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The point I was trying to make is that I do not think it is okay to have your GC approved for a job that you are not or will not be working at. I believe that to have a valid case for AC21, then BCIS must know that you are working for a different company than the one that originally sponsored you. It seems that some people are simply keeping quiet about their job change when their GC is approved. If BCIS does not issue an RFE and the interviewing officer doesn't ask about employment status, then the prevailing thought seems to be "wasn't asked, so don't tell". IMO, BCIS may consider this fraudulent.
If I am correct , then there isn't any difference regarding job change after the GC is issued. In any case it is suppose to be your intent to have or take a permanent position with the employer for which the GC is issued and not to have any intent of changing jobs thereafter. Of course time changes everything and this is why some have suggested waiting 6 months to a year before changing jobs. The idea is that this may prove your original intent to stay with the employer for which the GC was issued
Again, let me emphasize that this is only my opinion.
 
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Re: Re: IS AC21 better than the GC ?

Originally posted by nkm-oct23
The language of AC21 law has too many unanswered questions. Moreover BCIS has not come out with any regulations or interpretations of AC21. Until that happens it is anybody's guess.
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Is there any likelihood of concrete regulations coming out in the near future??
 
Here below is the AC21 106(c)

AC21 106(c) - Change of Employment Permitted in Cases of Lengthy Adjustment Adjudication


he AC21 106(c) provides that the certification or Form I-140 approval of an EB immigrant
petition shall remain valid when an alien changes jobs, if:
(a) a Form I485, Application to Adjust Status, on the basis of the EB immigrant petition has
been filed and remained unadjudicated for 180 days or more; and
(b) the new job is in the same or similar occupational classification as the job for which the
certification or approval was initially made.

Procedures for Processing Benefits under AC21 106(c)

If an alien has complied with the above statutory requirements, adjudicators shall not
deny applications for adjustment of status on the basis that the alien has changed jobs. Under
present practices it is expected that an I-485 applicant notify the Service when they no longer
intend to enter into employment with the employer who sponsored them on the I-140 petition.
The Service should continue to expect the applicant to submit a letter notifying INS of this
change in intent, if the Adjudicator has reason to believe that the applicant's intent has changed a
Request for Evidence (RFE) may be issued to clarify the applicant's intent in regards to
employment.
In instances where the applicant no longer intends to be employed by the employer who
sponsored him/her on the I-140, the Service should request a letter of employment from the new
employer. The letter from the new employer verifying that the job offer exists should contain the
new job title, job description and salary. This information is necessary to determine whether the
new job is in the same or similar occupation and to determine whether the alien is admissible
under the public charge ground of inadmissibility at INA 8212(a)(4). To determine whether a
new job is in the same or similar occupational classification as the original job for which the
certification or approval was initially made, the adjudicating officer may consult the Department
of Labor's Dictionary of Occupational Titles or its online O'NET classification system or similar
publications.
The Service is currently formulating proposed regulations to establish a policy
framework in which to adjudicate AC21 106(c) benefits. Until the Service promulgates final
regulations establishing such a policy framework, adjudicators shall consult, on a case by case
basis, with Headquarters before denying cases on the basis that the new job is not in the same or
similar classification.

***********************************************

Now the following line is very interesting:--->

In instances where the applicant no longer intends to be employed by the employer who
sponsored him/her on the I-140, the Service should request a letter of employment from the new
employer

So INS has NO PROBLEM if the INTENT has changed if the I485 is pending for 180 days or more.

My analysis on this entire issue is as follows:

Getting a I140 approval is getting a Immigrant Visa , once this is approved , the I485 is just a formality. The I485 just provides a Card that is a means to an end of this paper work.

The 180 days after the I140 is to mandate the employee had intent to work for at least 180 days for that employer , after that he is free ..(as long as similar job etc ).

Now let us assume that the I485 is approved in ONE day. So-->
1. Get I140 approved.
2. Get I485 approved immediately (say in one week after i140).
3. Get GC.
4. Work for 6 months
5. Free to leave.

so the AC21 removes the wait for step 2 & 3 and as long as 4 is met the employee can proceed to Step 5 ( of course with a small condition : same job etc )


Other people on this forum have said that after getting GC it is best to work for 6 months so this rule of thumb is kind of vaildated in the AC21 ( 180 days after I140 )

I think this also goes well with those who do CP.

So once again the question of INTENT (or Change in INTENT) is clear from the AC21 as long as I140 has been approved and 180 days or more have passed.

So INS has NO PROBLEM if the INTENT has changed if the I485 is pending for 180 days or more ( after the I140 has been approved)
 
how's abour the time in between I485 approved and after you sent the ref to INS ? can we still change job ? if so, do i need to inform INS ?
 
Regarding this statement:
".. Getting a I140 approval is getting a Immigrant Visa , once this is approved , the I485 is just a formality. The I485 just provides a Card that is a means to an end of this paper work... "

The above statements are incorrect.
I-140 is a Petition for Alien Worker. This is the third step in the employment-based green card. This is the step where a U.S. employer declares to the INS/BCIS that they are willing to sponsor a foreign worker.

It is in step four, where the State Department will issue an immigrant visa number.

The I-485 is NOT just a formality. You cannot file I-485 if the visa number is not immediately available. (In other words, you have to wait as in family-based cases). During the I-485, a set of final checks and verifications will be run through your case.
Even if you have an approved I-140, there is still no guarantee that you will get a green card. So again, I-485 is not just a formality.

You are not completely off the hook untill you get your plastic card.
 

The I-485 is NOT just a formality. You cannot file I-485 if the visa number is not immediately available. (In other words, you have to wait as in family-based cases).
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You are basically agreeing with me. ==> You only have to wait till your PD is current. (that's it only wait..)
Also Note that the discussion here was about AC21 Section 106 C which is only for Employment based cases and since these days ALL the PD's are current so one can immediately file for 485 after I140 approval ( $$$ Also can file with the I140 now $$$$$$$ )

During the I-485, a set of final checks and verifications will be run through your case.
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Checks => Birth certificates, No unlawful presence , maintained good status and because of AC21 => do you still have similar job etc.
Yes once again a formality as long as there has been NO FRAUD you should be OK.

You are not completely off the hook untill you get your plastic card.
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I agree
 
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