Job change after I485 approval and AC21 Help please!

G

GClogic?

Registered Users (C)
Hello Fellow GC aspirants,

Could any one with experience help me in this: What is a "safe period" as far as leaving job in a similar area after GC approval is?
Logically there should be none, if 180 day rule (AC21) is considered?
My ND is Feb 2002 and I have an excellent job offer from June, and no approval yet? Should I apply for AC21 in anticipation? Please suggest!! Suggestions much appreciated!!
EB1 RD Feb 2002
3rd EAD, AP, 2nd FP :o
 
180 Days should be safe enough. The AC 21 says that you should stick to your sponsoring employer for a reasonable period of time after filing. Most of the people consider 180 days as reasonable.
 
just make sure the job descriptions match

My attorney told me that the job descriptions should be similar.
You might want to talk to an attorney , just to be sure.
 
180 Days should be safe enough. The AC 21 says that you should stick to your sponsoring employer for a reasonable period of time after filing. Most of the people consider 180 days as reasonable.

Logically one should file for AC21 immediately after changing the job. But, I've heard that some people don't do it at the time of changing the job, but they send AC21 alongwith the response to RFE (if any).

I don't have any personal experiance with this. Thoughts here are from overheard conversations or from some previous postings on this forum.
 
AC21 and GC

Thanks a lot Thukral,

My worry is that should I file for AC21 right now for June or wait? If I wait till June, I might be approved by then which leaves me pondering about the safe period to change job after I485 approval.

Many thanks in advance

GClogic?
 
I found this on Net

A: The beneficiary of an employment-based permanent residency filing is supposed to intend to work for the sponsoring employer in a permanent position at the end of the process. As a rule of thumb, it is suggested that staying with the employer for at least a year is a good idea; as any less may create an impression that the intent expressed to the INS was not legitimate. In practice, traditionally, this is not something that the INS has routinely pursued except in cases where it has been prompted by employers to do so. This is a precautionary suggestion (and one which we continue to recommend), though it is not a "regulation" contradicting AC21.
Question No.7
http://www.usvisanews.com/wedquest061202.html
 
After GC approval, if you want to leave the GC sponsored company, best thing to do is ask for a rise in salary...., so as they would not meet your demand. See that they would lay you off...
 
Do you need a proof

Thanks Peace of mind for your input,

But do you need a proof, a letter of your termination or denial of salary increase? Does the simple fact that you are not promoted for more than 2 years and are on the same salary-good enough reason?
Please enlighten you all experts!

GC Logic?
EB1, ND Feb 02, second FP Jan 04
 
I don't think I agree with these views. Here is my two bits on this.

Firstly, AC21 provides for mobility within similar jobs AFTER 180 days of filing I-485; logically therefore if a person's I-485 gets approved more than 180 days after the AOS filing (and I haven't seen any cases in the last couple of years where this has not been true, at least for regular EB2/3 cases), and that person gets a "similar" job, there is no reason on earth why that would be held against him/her. Surely, if the law allows a person to move before the approval, why would it not permit a move after? Now if a person moves to a different kind of job, that is another kettle of fish, and that is where the factor of what is a reasonable time period comes in; it has been repeatedly expressed in these forums that the six month period is a reasonable period to draw the line at for a minimum period and the closer it gets to a year, the better it is in terms of establishing intent.

The second area that I would disagree with is the "ask for a raise" suggestion. The labor certification is for a job description at a given salary. Wouldn't asking for a raise the day after the approval be considered as fishy as leaving the job for one with a different profile?
 
Remember denial of increase in salary may not always lead to termination. I was trying to mention, let there not be anything in writing from yourside, that you intend to leave the company.

norfesept01:
Your question are to people who think with logic. The only reason why one tries play safe after GC is while applying for Naturalization afte 5/6 yrs, our application should not go to a officer who is trying to find faults.
One more thing. How many companies have really increased salary from 60 K to 83K (specified in EB2 LC) after GC is approved. I really wish to see people reporting that on this fourm that they were recieving 60K before GC approval and since LC was mentioned to 83K, their company raised the salary immediately.
 
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use AC21

If I were you, I will take the offer and file AC21 until getting RFE. Actually that's what I did and my attorney's suggestions. I am waiting for approval.

You can not miss good offer. Go for it. Everyone can get greencard, even the illegal immigrants, but not anyone can get good job.
 
Thanks Moon

Thanks Moon,

I guess you are right, but do you think should I apply for AC21 now, instead of waiting till June when I join the new job (by which time, I may have the approval)?
Any expert comments very mcuh appreciated

GCLogic?
 
the best path seems to me personally tis to Chage jobs, but not notify INS of the job change. If yoou get RFE for employment then you can quote to the officer that you used AC21 ( they already know the law).

So, change the job if you really want it badly, and sit tight.
 
does not matter

My attorney said that it does not matter if the approval goes to the sponser employer after you use AC21. No body met troubles on this kind of case for citizenship. Also nobody expects what will happen five years later although we try our best to avoid troubles.
 
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