Rajiv, need your opinion

A

ar888

Registered Users (C)
INA: ACT 204 - PROCEDURE FOR GRANTING IMMIGRANT VISAS
says this,

(j) 3/ JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D)for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

Members in 'Life after GC' forum have diffarent interpretations about the new employer after invoking AC-21. Some say new employer becomes 'sponsor', some say, the new employer only provides fulltime employment to the employee, but does not become sponsor, as he is not the one who applied 140.

Rajiv, what is your opinion on this, do you think that the new employer becomes the 'sponsor' for GC when the employee changed the jobs under AC-21?

Appreciate your thoughts.
 
What do you mean by "sponsor?" Please explain. Also let me know what the concern with the word sponsor is.
 
operations said:
What do you mean by "sponsor?" Please explain. Also let me know what the concern with the word sponsor is.
Click to expand...

The concern is whether the new employer becomes the 'sponsoring employer' after the employee changes jobs under AC-21.

'Sponsor' is essentially an employer who is sponsoring GC for the employee.
 
Here is the exact concern on that thread (which has over 100 posts!), if you have some time. :)

Law says that GC is for a future employment and once the GC is approved, he/she has to have the intent to work for the GC sponsoring employer. This intent might change after some time (say 6 months/1 year).

AC-21 states that, if a person's 140 is approved and 485 is pending for more than 180 days, he/she can change the job, if the job classification is 'same or similar' and the underlaying 140 will remain valid. And ofcourse as long as the new employer has a full time position to offer and he has the ability to pay.

Above are the 2 scenarios, and the member's two arguments are...

1) The new employer does not become the sponsoring employer, and the burden is on the employee who changes the jobs. Employer only has to show full time employment and is not responsible to CIS. And the employee should have the 'intent' to continue employment with the new employer.

2) The new employer becomes the sponsoring employer and the employee should have the 'intent' to continue employment with the new employer.

The 2nd group argues that if the new employer does not become the sponsoring employer, then there is no binding to that employer and employee can immediately change the jobs (with no 'intent' at all).

Hope I've explained it in full.
 
ar888 said:
Here is the exact concern on that thread (which has over 100 posts!), if you have some time. :)

Law says that GC is for a future employment and once the GC is approved, he/she has to have the intent to work for the GC sponsoring employer. This intent might change after some time (say 6 months/1 year).

AC-21 states that, if a person's 140 is approved and 485 is pending for more than 180 days, he/she can change the job, if the job classification is 'same or similar' and the underlaying 140 will remain valid. And ofcourse as long as the new employer has a full time position to offer and he has the ability to pay.

Above are the 2 scenarios, and the member's two arguments are...

1) The new employer does not become the sponsoring employer, and the burden is on the employee who changes the jobs. Employer only has to show full time employment and is not responsible to CIS. And the employee should have the 'intent' to continue employment with the new employer.

2) The new employer becomes the sponsoring employer and the employee should have the 'intent' to continue employment with the new employer.

The 2nd group argues that if the new employer does not become the sponsoring employer, then there is no binding to that employer and employee can immediately change the jobs (with no 'intent' at all).

Hope I've explained it in full.
Click to expand...


The AC21 portability employer (and even sponsoring employers) only need to make available a full time job on permanent (means indefinite) basis. The employee must in both cases have the intent to accept the job on those bases.

So is there a difference in "legal burdens" of the sponsoring and non-sponsoring employer in this respect? Not really. The sponsoring employer merely has signed an affidavit (Form I-140) signifying that they have such a job open. The non-sponsoring has not signed a sworn statement, but essentially they are making the same representation to CIS.
 
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