Jan RD needs advice!

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sucks

Registered Users (C)
Gurus,

My case is Jan 02 RD. Since we already saw January approvals so I would expect my approval any time from now on. However, I need to change my job by the end of July. My previous job titled 'research associate' and the new job will be titled 'research scientist', the new job title is actually one level senior than the old title, but the duty of the new job are essentially the same as the old one other than that I have to bear more responsibility on the new post. The new salary is also higher than on the labor. If I go for the new job, I believe I have to move from Virginia to New Hampshire. Should I go ahead accept the job and file AC21 and AR11? Any suggestions (particulary my approval may come any time now)?

Thanks for your advice in advance.
 
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Try to keep your old apartment offically - this way you don't need to file AR11. Also, you don't have to send letter about use of AC21, therefore don't. Still, prepare the letter in case of RFE. Only send the info that BCIS requests, but not anything more. This is what my lawyer recommended and she checked with several of her colleagues (it is a big immigration law firm headquartered in NY). If you can wait with taking the new job then wait, but if you face being laid off then switch to the new job and keep quiet about it unless specifically asked (RFE).
 
Helge and kmnalluri:

Thanks for your advice!

What are the consequencies for just go ahead filing AR11 and AC21? Are you concerned about it might further delay my approval since my approval is so close or you are concerned about denial? Changing job (after 180 days) and address are allowed under law and I think there is no basis for denial, isn't it?
 
There are two concerns about sending AR11 and AC21:
1) Likely transfer and interview - long delay possible.
2) AC21 is currently just a rule with room for interpretation. This means a certain amount of risk that your case gets denied (for example, you think that the new job is similar, but BCIS sees it differently). Also, changing location may or may not be a problem (AC21 is silent on this issue and Baltimore local recently asked headquarters how to handle this issue - answer is still out).
 
I would stay put for some time

and not change jobs unless vitally important. in a recent murthy chat it was said that it is difficult to prove that you work in a state far away from your residence. In another case on this forum, the person had given lawyers address since he resided somewhere else. when the local office came to know that, they said that they are transferring the case to the office where person resides (potential delay of many months).
I am changing jobs and will file AR-11. each person's case is diffferent. secondly your 485 would still be based on previous employer and you are not going to go back to them>- case of false intent when you get case approved on basis of the previous employer.
if AR-11 is filed and new employer takes charge (AC21)..then even after approval, you would stil be working for him. so you are doing things the right way.
Just my thoughts....take legal opinion of course.
 
Helge and ag28:

I appreciate your advice very much. I think I probably will get similar advice from my attorney next week. Both my old and new jobs are with university research, and both research have to be performed at the same national laboratory, so I think it is probably relatively easy to prove the job similarity.

I have two more additional questions:

(1) Are there any other cost effective ways to keep my current apartment address official until approval? I mean in case I can not find somebody to sublease my apt. , I have to pay the rent until approval. Can I simply ask post office to open a PO Box and store my mails for the next say 6 months? Any ideas?

(2) According to Helge's early message, on terminating my current job, I still need to prepare the letter for AC21(?), what kind of letter I need to prepare, or any other documents I need to prepare for later?

Thanks a bunch.
 
Regarding the AC21 documents. I recommend to get those ready just in case so that you can respond quickly if you have to. You will need...
1) Letter stating use of AC21.
2) Employement Letter of new company.
3) You may want to include a summary of the relevant portion of the AC21 rule (just to avoid misunderstanding with IO - my lawyer told me that some junior IO actually may not know how to handle AC21 cases. In this case your sheet would be a good reference for an unexperienced IO).

Here are samples of those documents:
 
sucks,

>> Are there any other cost effective ways to keep my current apartment address official until approval? I mean in case I can not find somebody to sublease my apt. , I have to pay the rent until approval. Can I simply ask post office to open a PO Box and store my mails for the next say 6 months? Any ideas?


Unfortunately BCIS will not deliver the mail to PO boxes. Either you have to bear the cost of maintaining a vacant apartment or sub-lease to somebody who is reliable enough to forward your mail to your new residence.
 
Thank you all, folks, particulary Helge!

To my surprise, my attorney actually advise me that we should advise INS after my job change accordingly. He believe that it won't have any ramifications in my case. I guess the reason why he is so confident is that I am a university researcher and basically accepting my new job is sort of career advancing in the same field, so relatively safer. I think I have to follow my attorney's legal advise, what do you guys think?

Thanks again.
 
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