Did you guys inform INS when you changed your employers? This is what I got from Murthy.com. Any comment?
Question One : Is it necessary to notify INS if one is changing jobs based on AC21?
Answer : It is usually safest to notify the INS so that the INS file
will have a record of the change of employer, assuming that the case is approved and there is a clear basis established for the approval. This may avoid problems several years down the road when one is ready to file for U.S. citizenship. It avoids any allegations of fraud or misrepresentation if one did not work for the original green card-sponsoring employer after receiving the green card approval. The June 2001 INS Interim Guidance Memo also recommends and suggests that the INS expects that they will be notified upon a person's changing employers under AC21
portability provisions.
EDITORIAL COMMENTS : AC21 does not contain any specific type of filing required for INS notification regarding the change in jobs. It does not mandate informing the INS. The June 2001 INS guidance on the subject states that it is expected that the INS will be notified regarding this matter.
In some cases, the INS will issue a request for evidence, requiring an updated employment letter and pay stubs. In such cases, there is no choice but to notify the INS of the change in employers. The percentage of cases receiving such requests has varied significantly over time.
Informing the INS regarding AC21 job changes is an issue over which attorneys will have differing opinions. Since law does not mandate it, it is ultimately a strategy issue.
It is generally safer to inform the INS regarding the use of AC21, if applicable. The reasoning is that informing the INS creates a complete and clear record of the basis upon which the case was decided. Assuming an approval, this may avoid issues that will be important in citizenship cases, five years later. When an individual who obtained permanent residence through employment applies for U.S. citizenship, the question arises regarding the length of time the individual worked for the LC-sponsoring employer following receipt of the green card. With non-AC21
cases, the failure to work for the sponsoring employer for a reasonable time raises issues of fraud or misrepresentation in connection with the green card application. The entire case is based upon an offer of employment and the promise to accept that employment. With AC21 cases, the promise regarding future employment is essentially "switched" to a different employer as long as the new job is in the "same or similar" field. However, if the INS has not been notified of the change in employers
under AC21, then there is no record. This could cause problems and confusion at the naturalization stage, which are best avoided by informing the INS when appropriate.
Question One : Is it necessary to notify INS if one is changing jobs based on AC21?
Answer : It is usually safest to notify the INS so that the INS file
will have a record of the change of employer, assuming that the case is approved and there is a clear basis established for the approval. This may avoid problems several years down the road when one is ready to file for U.S. citizenship. It avoids any allegations of fraud or misrepresentation if one did not work for the original green card-sponsoring employer after receiving the green card approval. The June 2001 INS Interim Guidance Memo also recommends and suggests that the INS expects that they will be notified upon a person's changing employers under AC21
portability provisions.
EDITORIAL COMMENTS : AC21 does not contain any specific type of filing required for INS notification regarding the change in jobs. It does not mandate informing the INS. The June 2001 INS guidance on the subject states that it is expected that the INS will be notified regarding this matter.
In some cases, the INS will issue a request for evidence, requiring an updated employment letter and pay stubs. In such cases, there is no choice but to notify the INS of the change in employers. The percentage of cases receiving such requests has varied significantly over time.
Informing the INS regarding AC21 job changes is an issue over which attorneys will have differing opinions. Since law does not mandate it, it is ultimately a strategy issue.
It is generally safer to inform the INS regarding the use of AC21, if applicable. The reasoning is that informing the INS creates a complete and clear record of the basis upon which the case was decided. Assuming an approval, this may avoid issues that will be important in citizenship cases, five years later. When an individual who obtained permanent residence through employment applies for U.S. citizenship, the question arises regarding the length of time the individual worked for the LC-sponsoring employer following receipt of the green card. With non-AC21
cases, the failure to work for the sponsoring employer for a reasonable time raises issues of fraud or misrepresentation in connection with the green card application. The entire case is based upon an offer of employment and the promise to accept that employment. With AC21 cases, the promise regarding future employment is essentially "switched" to a different employer as long as the new job is in the "same or similar" field. However, if the INS has not been notified of the change in employers
under AC21, then there is no record. This could cause problems and confusion at the naturalization stage, which are best avoided by informing the INS when appropriate.