my scenario... please reply

[pralay]

If one leaves one's sponsoring company for a similar job and the I-485 is pending for more than 180 days, then it's clear AC21 applies even if USCIS isn't informed.

Even I feel in the eyes of USCIS all the GC sponsorers are treated just one single entity. So they don't care whether someone is working for company A or company B, as long the job is similar ("similar" makes it tranferable). I guess that is the main spirit of AC21. However, I feel, working with GC sponsorer for some period of time (before I-485 approval) and leaving that company after 6 months using AC21 is quite different from never working for GC sponsorer. If someone never worked for GC sponsorer, he/she can be accused that he/she did not apply for I-485 in good faith. Keep in mind, the day beneficiary applied for I-485, he/she had intention to work for original sponsorer (not any other company). Now, after 6 months situation can change and he/she change his company using AC21. Someone who never worked for original sponsorer can raise doubt more often than someone who worked. However, unless the GC case is a framed up, fraud case (like sponsorer never intended to employ beneficiary, and beneficiary never intended work for sponsorer; rather he/she used EB GC process as a "tool" to get PR status), I don't see any issue.

 

[kishuibm]

So the straight answer is
After getting GC working for sponser Company for few months is ok ??
Lets say 3-6 months during the Naturalization??

 

[TheRealCanadian]

Your above statement is misleading.Then why AC21 is there?

My statement is not misleading. If you wish to ask why the relevant sections are there, then you should refer to the relevant sections of the INA that AC21 amended.

It clearly states that a labor certification or immigrant visa petition remains valid if the alien has switched jobs. It is entirely silent on wether the alien should inform USCIS.

William Yates, in his numerous memoranda on AC21, has clearly stated that there is no requirement that the alien inform USCIS. It is "expected, but not required".

I get a RFE for EVL after some time. At that time i have to inform USCIS, i am with company B for the past xxx months. Then USCIS will ask why you have not used AC21.

"Usng AC21" merely involves taking up a "same or similar job". Nothing states that informing USCIS is part of the AC21 procedure.

Change in Job should be informed USCIS immediately. It is MANDATORY.

Could you please quote statute, regulation or memorandum that backs up your asertion? (I can quote a memorandum from William Yates that explicitly contradicts this assertion, by the way.)

 

[TheRealCanadian]

However, I feel, working with GC sponsorer for some period of time (before I-485 approval) and leaving that company after 6 months using AC21 is quite different from never working for GC sponsorer.

While they may be a little different, they're not substantially different in the eyes of the law. A future employment case might have a little more burden of proof, but if there's evidence of an intent to employ at the time of I-485 filing and I-140 approval, that's all that is necessary.

I was never employed by my original sponsor after my I-485 was filed.

 

[pralay]

A future employment case might have a little more burden of proof, but if there's evidence of an intent to employ at the time of I-485 filing and I-140 approval, that's all that is necessary.

That's the whole point. Little bit of evidence, that's good enough. And most of cases there are - unless there are some fraud involved (which is not uncommon).

 

[Fort_User]

I was never employed by my original sponsor after my I-485 was filed.

I'll post my references later.

In the mean while, please elaborate your case.

I guess you got future offer letter while filing I485. Because you said you never worked for the sponsorer after I485 filed.

Still the million $ question is "Where is your intent to work for the sponsorer after I485 approval?".

 

[TheRealCanadian]

Still the million $ question is "Where is your intent to work for the sponsorer after I485 approval?".

I filed the I-485, indicating my intent. USCIS did not ask for further evidence.

 

[qwertyisback]

I filed the I-485, indicating my intent. USCIS did not ask for further evidence.

Normally they don't. But it seems if CIS starts cracking down this "so called" intent... You are very much prime target with little hopes to defend yourself. Start documenting your intent( just routine advice if you care, I hear that from everybody here )

 

[TheRealCanadian]

Normally they don't. But it seems if CIS starts cracking down this "so called" intent... You are very much prime target with little hopes to defend yourself. Start documenting your intent( just routine advice if you care, I hear that from everybody here )

In your rush to post lots of smilies you neglect to consider the fact that I had an in-person interview with USCIS about the I-485, and I did have the ability to prove my intent.

 

[qwertyisback]

In your rush to post lots of smilies you neglect to consider the fact that I had an in-person interview with USCIS about the I-485, and I did have the ability to prove my intent.

In-person interview doesn't override intent . CIS may care about it while citizenship interview . Something to keep you busy until citizenship .

 

[TheRealCanadian]

In-person interview doesn't override intent. CIS may care about it while citizenship interview. Something to keep you busy until citizenship.

No, but in person interviews tend to lead to final closure of events, and CIS tends not to ask about stuff that happened before them, unlike job changes after the I-485 approval.

According to your logic when I turn 75, ICE will be battering down my door claiming that I misrepresented my intent as a 4 year old when visiting Disneyworld in 1976, and therefore I should be denaturalzied.

 

[qwertyisback]

No, but in person interviews tend to lead to final closure of events, and CIS tends not to ask about stuff that happened before them, unlike job changes after the I-485 approval.

Thats what you want to beleive. Good for you. But your fate depends if CIS beleives your logic(in case CIS ask, and bunch of more "what ifs") . Start documenting intent(again if you care routine advice of this forum )

According to your logic when I turn 75, ICE will be battering down my door claiming that I misrepresented my intent as a 4 year old when visiting Disneyworld in 1976, and therefore I should be denaturalzied.

You got it now. It can happen anytime, so be careful(what about if I say worried) forever. , for now, take it easy

 

[Fort_User]

Hi TheRealCanadian,

We are not discouraging you. We all are almost in the same boat.

But, we should find out a way, which is reliable and stable.

So, please explain how you are going to meet out the following requirement.

"After I485 approval, one has to join to the sponsorer (should show intent atleast) "

Please note that, you have to have intent "after I485 approval". Not before that.

 

[TheRealCanadian]

So, please explain how you are going to meet out the following requirement. "After I485 approval, one has to join to the sponsorer (should show intent atleast) "

AC21 allows one to change his or her intent, if the I-485 has been pending more than 180 days.

 

[qwertyisback]

AC21 allows one to change his or her intent, if the I-485 has been pending more than 180 days.

So basically what you are saying is , intent can be changed after 180 days and rule of thumb is just one more myth , Better late than never.

 

[pralay]

Please note that, you have to have intent "after I485 approval". Not before that.

Actually this part is tricky. After introducing AC21, that "after I-485 approval" logic looks obsolete (even though there is no law or document about that). Basically, I feel, by introducing AC21 USCIS trying to say that as long as you have intention for 6 months, that's good enough. Now, if someone never worked for sponsorer company for single day can raise doubt. Because that person could transfer H1 visa to sponsorer company, he/she did not do that. That person could use his/her EAD card to start working for sponsorer company, he/she did not do that. But that does not automatically mean that he/she did not have intention at all. It just raises some doubt. It just gives some leeway to dig into that case. That's all.

Don't forget the fact that AC21 does not apply for consular processing. The logic is that when the person lands in USA in immigrant visa (green card) the person must join original sponsorer to show good faith. However, same restriction does not apply for I-485.

 

[TheRealCanadian]

So basically what you are saying is, intent can be changed after 180 days and rule of thumb is just one more myth, Better late than never.

Yes, intent can be changed. I've never questioned that notion. However, two things remain.

First, you need to have the intent to work on a permanent basis with some employer. Second, your actions should not call that intent into question.

If you give USCIS an AC21 letter that states that you intend to work permanently for company X and then quit the week after your GC is approved, then I wouldn't be surprised if USCIS called your intent into question at N-400 stage. If you send USCIS a new AC21 letter every six weeks, then they may conclude that you've got the attention span of a hyperactive shrew on amphetamines and deny you on general idiocy.

 

[qwertyisback]

Yes, intent can be changed. I've never questioned that notion. However, two things remain.

First, you need to have the intent to work on a permanent basis with some employer. Second, your actions should not call that intent into question.

If you give USCIS an AC21 letter that states that you intend to work permanently for company X and then quit the week after your GC is approved, then I wouldn't be surprised if USCIS called your intent into question at N-400 stage. If you send USCIS a new AC21 letter every six weeks, then they may conclude that you've got the attention span of a hyperactive shrew on amphetamines and deny you on general idiocy.

You are just making wishful thinking which suits your own situation. I have no problem about it. But if you follow books and (what if) CIS also follows it, then you are more vulnerable as you have never worked after 485 filed/approved. I wish you and many others never have "intent" problem but "what if" will always haunt you regardless of your wishful thinking .

And what document you got to prove intent?? For your case,that must be "Mother of all document" and can be followed to prove any intent in the world. Publish it for the benefit of immigrant fraternity.

 

[chinabee]

When did you tell INS that you intent to work for the company on a permenant basis?

 

[pralay]

When did you tell INS that you intent to work for the company on a permenant basis?

Filing I-485 is showing intent to work for sponsoring company.