Potential risk for not informing job change ..

[can_card]

In Murthy forum, it was mentioned like this.

"Once an individual with an approved I140 and I485 pending at least 180 days takes new employment, the person is remaining eligible for adjustment solely because of AC21.

The AC21 law allows a person to have USCIS continue processing an I485 when one accepts new permanent employment regardless of whether anything is filed to USCIS.

Choosing not to file notice to USCIS that one is no longer and will no longer be working for the sponsoring employer does not block AC21 from being activated."

What I understand here is that one need not inform USCIS about his job change using AC21. What is the potential risk if any one chose not to inform the job change to USCIS, if I-485 is pending more than 180 days and I-140 was approved? (Assuming that the old employer may not revoke approved I-140)

 

[jetector]

Once your I-140 is approved AND 180 days after filing I-485, you may change employers not needing to notify USCIS of the change. If you get randomly selected for an interview, you will only need to take a letter from your new employer stating his willingness to sponsor you for the same exact position, job duties and prevailing wage per labor cert. You could also be asked for company's tax return to prove financial ability of the new employer to pay you the prevailing wage.

Of course, it is good practice to notify immigration of the change, but you are NOT required. You will not get penalized for this.

 

[can_card]

jetector,

Thanks for the reply. What I heard from few friends that if we notify the job change, USCIS may send RFE regarding the new employment to verify "same or simlar job". Is it true? Then it is the applicant responsiblity to prove it. Also one has to get a detailed letter from the new employer to match the duties of old employment. Some employer may not give such letters. It may be a pain right?

Is it a good strategy NOT to inform the job change? (Just to avoid any unnecessary contact with USCIS and to avoid their work load).

Another doubt is..

If one is NOT informing job change, how USCIS know that the applicant ported to a job which is same or similar to the pervious job?

Once your I-140 is approved AND 180 days after filing I-485, you may change employers not needing to notify USCIS of the change. If you get randomly selected for an interview, you will only need to take a letter from your new employer stating his willingness to sponsor you for the same exact position, job duties and prevailing wage per labor cert. You could also be asked for company's tax return to prove financial ability of the new employer to pay you the prevailing wage.

Of course, it is good practice to notify immigration of the change, but you are NOT required. You will not get penalized for this.

 

[nato]

best strategy is to inform only if 140 is revoked or NOID recd

jetector,

Thanks for the reply. What I heard from few friends that if we notify the job change, USCIS may send RFE regarding the new employment to verify "same or simlar job". Is it true? Then it is the applicant responsiblity to prove it. Also one has to get a detailed letter from the new employer to match the duties of old employment. Some employer may not give such letters. It may be a pain right?

Is it a good strategy NOT to inform the job change? (Just to avoid any unnecessary contact with USCIS and to avoid their work load).

Another doubt is..

If one is NOT informing job change, how USCIS know that the applicant ported to a job which is same or similar to the pervious job?

 

[TheRealCanadian]

What I heard from few friends that if we notify the job change, USCIS may send RFE regarding the new employment to verify "same or simlar job". Is it true? Then it is the applicant responsiblity to prove it.

It is ALWAYS the alien's responsibility to prove a valid job offer for an EB-485, wether it is from the original sponsor or a new employer via AC21.

Also one has to get a detailed letter from the new employer to match the duties of old employment. Some employer may not give such letters. It may be a pain right?

My letter, presented at interview, was three sentences. It gave my employer, my title and rate of compensation and date of hire, nothing more.

Is it a good strategy NOT to inform the job change? (Just to avoid any unnecessary contact with USCIS and to avoid their work load).

I don't thinks it's "good" or "bad" either way, it's just that USCIS has a demonstrated history of ignoring proactive notifications. Therefore, there's no advantage to doing so.

If one is NOT informing job change, how USCIS know that the applicant ported to a job which is same or similar to the pervious job?

I'd keep evidence of this until you become a citizen.