Niw- Ac21

A

ag28

Registered Users (C)
Hello Gurus
If one changes job and moves to a different state (same service center) after >180 days of filing 485 (on a self petitioned 140 NIW), do we have to notify INS about the change of jobs. Will I have to use AC21 because technically it is meant to be used if you are not with the entity that sponsors 140/485. In my case, it is self petitioned, so will I have to notify INS or invoke the AC21 rule if I change jobs.
Thank you for your time.
 
To the best of my understanding, no AC21 is required. However, the job must be in the area similar to the field as specified in underlying I-140 NIW petition.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Thank you Jigesh

My problem is that for my 140, the service center had taken just the first one or two lines out of the many duties that I had mentioned. This further restricts my looking out for "similar" job. Is it okay if I look for all types of jobs that were mentioned in my entire petition. I am scientific researcher who takes care of many different functions.
Anyway...any news on your 485. Has it been transferred to local off yet. I will be moving to a diff state soon. So dont know how it will work for 485 or will i get RFE.
 
My I-485 RD is Feb/02 - at the current speed, they should touch it in August/Sept. 2003 and then they might transfer to NYC office for a wait of another 10 months!! I don't expect GC in 2003 - thanks for your concern though.

I did not understand what you meant by:
"...for my 140, the service center had taken just the first one or two lines out of the many duties that I had mention.."
Click to expand...

How do you know this? They don't mention area of NIW in their approval notice; do they?

Best wishes,

Jigesh
 
NYDOT rules

In the RFE they had said that "my work as a scientist in the field of ....has substantial extrinsic merit" but i had to prove the national scope and the third point (something for waiver of job offer..).
So for going by the 1st point of NYDOT rule, they had taken just one aspect of my work. Hence I thought that a "similar" job for me would be more restricted.
 
Wasn't that field broad enough so as to cover relevant activities within that field? If it was too specific, I am afraid you should stick to very close to that area unless you can prove during the I-485 interview (if any) the similarity of the approved field and new job.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
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