Question on Job Change

Purely My conclusion ,

I don't want to send change of employer letter to INS to trigger a RFE. But as per the above disscusion , in order to be pretty safe one must send change of employer letter to INS. So can I send a blank paper to INS by Certified Mail and keep the receipt as a proof. Will that work??

Thanks in adavance
Prabhu
 
Originally posted by Entey-GC Can she use the AC21 to switch the employer ?
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I am afraid, she cannot use AC21, but will wait to see what other gurus have to say on this one. Her I-485 may have been pending for more than 6 months, but where is the pay-stub to prove that she was on the pay-roll for the said period? Technically she may have been with the company, but that may considered to be fraudulent, if there wasn't a pay-stub to support the same. That is the reason why INS asks for pay-stubs in many cases.

Originally posted by p252 So can I send a blank paper to INS by Certified Mail and keep the receipt as a proof. Will that work??
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Technically, you can play this gimmick which can earn you a definite ticket to your home-country, if the INS officer who opened your mail jotted down the comments to this effect. If on opening the cover, an attempt to defraud the agency by not sending any message or irrelevant message will be jotted down on the file, which will surely trigger a transfer to the local office. During the interview, you will be asked to what you had sent to INS on that said date. If you claim a different message that you had sent, you will be given marching orders, because the agency would have noted down clearly that you had played some prank, probably to create an alibi. INS would have seen these instances many times before. So, I will not treat them as Neanderthals, when it comes to playing gimmicks. I hope you had raised this question on hypothetical grounds and not on pragmatic grounds.:)
 
Local Office?

Which is the local office. The old area I lived in or the new area I am moving to.
Is informing job change the same as availing AC21. Or AC21 is some other elaborate process?
Thanks:o
 
poongunranar and other gurus

By looking at the rate of approval at TSC, the 485 approval may take 2 yeras. If my wife find another job and produce the paystub, will that ok with BCS ?

During the GC interview, BCS ask for whole pay stub (entire employment period) or current two to three months and current employment letter ?

We are in a kind of confusion. I have not used the EAD so far..still on H1.

Kindly clarify from experience..
 
May require assitance of new employer

Sun07,
You may require assistance from new employer-like job description and may be some kind of a statement of fact like permanent job etc. Your new offer letter that may not include anything beyond salary or brief job description and title- that may not suffice.
HTH
 
Originally posted by dinnu
I agree with poongunranar on this issue. The following is taken from the AC21 August memo. The keyword here is expected . Who knows how an immigration officer will interpret it during an interview. My take on this is, it's better to be safe than sorry. Unless there are some issues with your new job (like the pay is less or it's not similar to your previous job), I would inform INS.


"it is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the
petition was filed. "
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I just read the AC21 and Section 204 and 212, The way i interpreted is It is Expected, If the Employer withdraws the I-140. As long as you are not aware that your I-140 is not withdrawn i think you don't need to take any action. If the I-140 is withdrawn, INS itself will notify and at that time you need to respond in a timely manner with the correct justification.
I am not a Lawyer. Just an opinion.
 
Re: Fabulous observation Dinnu

Originally posted by poongunranar
Thanks a lot, friend. That captures my own dilemma. The word to be taken cognizance of is: "expected." If the Officer presses on this count, what will the interviewee's answer be? "Huh....I thought I am not supposed to....," for which the Officer can say, "But, you are expected to..."

Can you see where this fingerpointing can lead to? Can you see who is at the receiving-end of such a puritanical interpretation of a simple memo? That is precisely why I am advocating notifying the INS as soon as a job-shift had occured. Even though as per law AR-11 is all that is needed to notify an address change, these days, the Service Centers are asking us to give it in writing to the respective Service Centers or the Local-Office about the address change, even though the clause is " expected to," but in case of address change, one should read that as " required to."

For those folks who may not have notified about the job-change, well after a year or so, I think that should be OK. Even then, notifying about the job-change should not hurt. However, for those who may have had their job-change, pretty recently, I think, I would advise that they intimate INS about the same.

Again, this is merely my obiter...a personal opinion. You can confer with your attorneys or use your discretion in this issue. My two cents.
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Guys, Please Can someone post a sample format of Notification letter to INS which can be used in the instance of AC21 Job Change.
 
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