Job Change after Local Office Transfer

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vkn1

Registered Users (C)
My 485 Application has been transferred to local office in Jacksonville recently from texas center. Whn I contacted the local office they said it would take 5-6 months for them to process my case.I changed my employer using AC21 after 180 days of my pending application. As my current company is not doing well I may have to switch the job again.If I my move to an employer in different city(or CIS Jurisdiction), how would my case processing be affected? would it transferred again to a local office near by if I notify them?

thanks
 
vkn1 said:
My 485 Application has been transferred to local office in Jacksonville recently from texas center.
Whn I contacted the local office they said it would take 5-6 months for them to process my case.
I changed my employer using AC21 after 180 days of my pending application. As my current company is not doing well I may have to switch the job again.
---- then again join new employer and send AC21 letter +intent change letter to local USCIS with your I-485 pending reciept or you can take at the time of Interview
If I my move to an employer in different city(or CIS Jurisdiction), how would my case processing be affected?
----- if you update your new address with the local USCIS office then it may again be transfred to local USCIS office near to your home address( remember it is going to delay)
would it transferred again to a local office near by if I notify them?
------ yes

thanks
Click to expand...
 
Hi ginnu

So if get it correctly..............

After replying for an RFE, if the case goes to the local INS office, one can change the job again and can do either of the following.

1. send the AC21 papers to the local INS office for the new company
or
2. wait untill the inteview and tell the interviewer to ignore the AC-21 papers that u already sent and instead give him a new set of papers and tell him to review your case with the new details

Please let me know if my understanding is correct.
 
TheEnquirer said:
Hi ginnu

So if get it correctly..............

After replying for an RFE, if the case goes to the local INS office, one can change the job again and can do either of the following.

1. send the AC21 papers to the local INS office for the new company
---yes
or
2. wait untill the inteview and tell the interviewer to ignore the AC-21 papers that u already sent and instead give him a new set of papers and tell him to review your case with the new details
------ not to TELL it should be REQUESTED to the local USCIS/officer to approve your I-485 based on new employer AC21 letter for new employer
OR
take the new employer letter and comany ability to pay at the time of interview and request the above.
Click to expand...
 
Case Approved

After a long wait our 485 cases were approved last week.
we got our passports stamped today.
The Immigration officer(in local office) handling my case request my previous employer about their intentions to hire me in the future.
My HR manager(previous employer) went and talked to the officer and said that they intend to hire me in the future. that cleared the way for our approvals.
According to the attorney, they should not ask that questions since AC21 allows me to change jobs after 180 days of pending 485 case.

485 Notice Date: 05/15/2001
Approval Date: 11/12/2004
Filed with Texas service center(transferred to local office in jan 2004).

Forum was quite helpful with many people sharing their experiences.
 
vkn1 said:
After a long wait our 485 cases were approved last week.
we got our passports stamped today.

The Immigration officer(in local office) handling my case request my previous employer about their intentions to hire me in the future.
My HR manager(previous employer) went and talked to the officer and said that they intend to hire me in the future. that cleared the way for our approvals.
According to the attorney, they should not ask that questions since AC21 allows me to change jobs after 180 days of pending 485 case.

485 Notice Date: 05/15/2001
Approval Date: 11/12/2004
Filed with Texas service center(transferred to local office in jan 2004).

Forum was quite helpful with many people sharing their experiences.
Click to expand...
------ Congratulations!!!!

Few questions if you answer it will help others:

1 you went to Interview did you take your Past employer with you at the time of interview or New employer? becase you wrote that Immigration officer asked your past employer if they want to hire you in future.
2 if you did not take your employer with you did the officer asked on phone from your employer .
3. employer was with you or not with you, did the officer asked letter from employer??
4. have you not used AC21??? or letter of new employer???
5 did you take the orignal sponsor /employer or new employer?
6. did you take attorney with you at the time of Interview.

*** Please post the full details so that we can understand your case
 
Please tell us in detail

Hi

I am in same situation and would like to know what happened.
Please write in some detail and share your experience.
There are many in such situation.

thanks
 
I changed my job in october 2003.
our 485 cases were transferred to local office(Jacksonville) in January 2004.
I got my EAD extened in may 2004 from local office.
In august I went to check the status of my case and an immigration officer looking into my case called me into his office.He asked to sign a form(don't know) and enquired about my employment.He asked me whether I would accept an offer from my previous employer iff they intend to hire me in the future. I said probably I would.But didn't have a clue why he asked it.
Same day he sent a letter to my past employer(and my attorney) regarding the I-140 application. In the letter he wanted to know whether my past employer had intentions to hire me in the future. Past employer didn't reply to the letter and attorney sent the AC21 papers of my case(which were filed in nov 2003) to the local office in sept 2004.
I again went to local office in oct 2004 to check the status of my advance parole which was filed there.The same officer was processing my application
and he wanted to discuss with me about my case(485 and advance parole).
For that he asked me to sign a waiver form to talk to him without an attorney.
I didn't sign it and he asked me to leave since he cannot talk to me.
He sent a letter again asking my prevoius employer(HR Manager) to see him after 3 weeks regarding my I-140 case.
I talked to my past employer and they agreed to meet him.
when my past HR manager went to see the immigration officer(with my case information papers), he was asked the same question(whether they have intetions to hire me in the future).
He replied 'yes' and came back.On the same days our cases were approved and we received a letter.
I verified that my I-140 was not cancelled and labor certification was not re-used for anyone from my past employer.
Attorney does not have a clue either why the immigration officer needs that information.
But I always felt that they cannot deny a case unless there is a valid reason
to do. Mostly likely if they answered 'no' processing would have been delayed.
I know people whose cases were transfered to the same office around the same time and got approvals(also changed jobs) earlier than me.
 
vkn1 said:
I changed my job in october 2003.
our 485 cases were transferred to local office(Jacksonville) in January 2004.
I got my EAD extened in may 2004 from local office.
In august I went to check the status of my case and an immigration officer looking into my case called me into his office.He asked to sign a form(don't know) and enquired about my employment.He asked me whether I would accept an offer from my previous employer iff they intend to hire me in the future. I said probably I would.But didn't have a clue why he asked it.
Same day he sent a letter to my past employer(and my attorney) regarding the I-140 application. In the letter he wanted to know whether my past employer had intentions to hire me in the future. Past employer didn't reply to the letter and attorney sent the AC21 papers of my case(which were filed in nov 2003) to the local office in sept 2004.
I again went to local office in oct 2004 to check the status of my advance parole which was filed there.The same officer was processing my application
and he wanted to discuss with me about my case(485 and advance parole).
For that he asked me to sign a waiver form to talk to him without an attorney.
I didn't sign it and he asked me to leave since he cannot talk to me.
He sent a letter again asking my prevoius employer(HR Manager) to see him after 3 weeks regarding my I-140 case.
I talked to my past employer and they agreed to meet him.
when my past HR manager went to see the immigration officer(with my case information papers), he was asked the same question(whether they have intetions to hire me in the future).
He replied 'yes' and came back.On the same days our cases were approved and we received a letter.
I verified that my I-140 was not cancelled and labor certification was not re-used for anyone from my past employer.
Attorney does not have a clue either why the immigration officer needs that information.
--------------------The 08/04/03 memo [http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf] says “In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment.” It seems to me that the officer tried to check that.


But I always felt that they cannot deny a case unless there is a valid reason
to do. Mostly likely if they answered 'no' processing would have been delayed.
I know people whose cases were transfered to the same office around the same time and got approvals(also changed jobs) earlier than me.
Click to expand...

----- it seems that officer is new or does not have much work, calling the past employer, I have read this first time.

Thanks for the info.
 
hi

which local office was it?

sounds like a pesky officer. actually technically what the officer did is right.
whena company applies for I140 and I485 they shoudl have the intent of employing the concerned individual on apermanent basis.
i think thats to prevent fraud by all the "contracting companies" to process ur GC and keep u in bench untill the 180 day rule passes and u getting a job from another company.
only thing is the officer went to great lengths to determine that. may be he was a overcautious officer or soemthing was suspicious
 
TheEnquirer said:
hi

which local office was it?

sounds like a pesky officer. actually technically what the officer did is right.
whena company applies for I140 and I485 they shoudl have the intent of employing the concerned individual on apermanent basis.
------- employer files I-140 and it is YOU who file I-485(even if you give your I-485 papers to company lawyer) The question of Intent in AC21 MEMO of 2003 is confusing and in the last lines of same memo Yates says something else that is in regulations and if you read the MEMO from First page then he says that AC21 June Memo is still in effect and that MEMO only says I-485 pending more than 180 days and same similar job. Last 5-6 lines on August Memo confuse many




i think thats to prevent fraud by all the "contracting companies" to process ur GC and keep u in bench untill the 180 day rule passes and u getting a job from another company.
----- many are still doing the same thing they have other way, if your I-140 is filed and you filed I-485 then these kind of employers are hiring others(who want LC substitutions) and goiving them the same LC that was approved for you and they file I-140 for new employer with LC substution and send letter that I-140 for you should be revoked.
only thing is the officer went to great lengths to determine that. may be he was a overcautious officer or soemthing was suspicious
--- that officer seems to be new, I have not read any case where past employer was called to explain, what if Interview in Boston and past employer in CA
Click to expand...
 
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