Request for AC-21 guidance; does not know GC job title, duties

[RajThomas77]

Here is a rundown on my situation:

-- I am currently employed with Company A on H-1B. The company sponsored my Green Card. I-485 pending, I-140 approved > 180 days ago
-- I am a Company A's consultant working for a Project in Company B. Seeing my performance, Company B wants to hire me as a permanent employee
-- In order to switch employment, I came to know that I can start using the EAD and invoke AC 21, by submitting AC 21 petition with USCIS
-- Since it is required that the new job with Company B matches closely with the current job with Company A, I requested for a copy of Company A's PERM LC. However, they are not giving me a copy, quoting that the LC is their property
-- Without having a copy of the LC, I wouldn't know the job title and duties mentioned in the LC. So, I am caught up in a situation wherein I don't know if I can use AC 21 to switch employment

My doubts are mentioned below:
-- Do the job title and responsibilities have to match "exactly" between how they have been mentioned in Company A's LC vs. Company B's offer letter?
-- When reviewing AC21 petition, wouldn't USCIS review the new job title & duties corresponding to Company B vs. the Labor Certificate of Company A (at least, USCIS must be having the LC copy)?
-- If USCIS does review and they think that the new job is not similar to that of the job mentioned in the LC, wouldn't they deny AC 21?
-- If USCIS approves AC 21, would it mean that they were satisfied with the Job match between Company A's LC vs. Company B? Would there be any difficulties in future, especially at the time of I-485 adjudication?

Can someone please guide me on this issue. I don't want to lose the opportunity with Company B, especially in this economic situation.

Thanks much.

 

[ginnu]

Here is a rundown on my situation:

-- I am currently employed with Company A on H-1B. The company sponsored my Green Card. I-485 pending, I-140 approved > 180 days ago
-- I am a Company A's consultant working for a Project in Company B. Seeing my performance, Company B wants to hire me as a permanent employee
-- In order to switch employment, I came to know that I can start using the EAD and invoke AC 21, by submitting AC 21 petition with USCIS
-- Since it is required that the new job with Company B matches closely with the current job with Company A, I requested for a copy of Company A's PERM LC. However, they are not giving me a copy, quoting that the LC is their property
-- Without having a copy of the LC, I wouldn't know the job title and duties mentioned in the LC. So, I am caught up in a situation wherein I don't know if I can use AC 21 to switch employment

My doubts are mentioned below:
-- Do the job title and responsibilities have to match "exactly" between how they have been mentioned in Company A's LC vs. Company B's offer letter?

*****---------------------------- skills on job offer letter that you send to USCIS to invoke AC21 should be same/similar. if the job title is also same that is good.if job skills match 70-80% that is ok.
-- When reviewing AC21 petition, wouldn't USCIS review the new job title & duties corresponding to Company B vs. the Labor Certificate of Company A (at least, USCIS must be having the LC copy)?

*****----------------------------- in your I-485 file USCIS has your LC and I-140
-- If USCIS does review and they think that the new job is not similar to that of the job mentioned in the LC, wouldn't they deny AC 21?

***-----------------------they can deny or ask for the explanation
-- If USCIS approves AC 21, would it mean that they were satisfied with the Job match between Company A's LC vs. Company B? Would there be any difficulties in future, especially at the time of I-485 adjudication?
****-------------------USCIS dont send you anything that they approve AC21. they look at documents at the time of I-485 approval.

Can someone please guide me on this issue. I don't want to lose the opportunity with Company B, especially in this economic situation.

Thanks much.

**** best option is not to use EAD and remain on H1 status. let the new employer B file H1 transfer and once you get H1 transfer filing reciept then join B. If any problem with I-485 you will still have H1 status.

 

[susi_babu]

I agree with ginnu !!!

Hi Raj,
Pls check out this link below with name (sriram...- #3 1st July 2005) and follow the said instructions...to get your few labor details.

http://boards.immigration.com/showthread.php?t=180600

Atleast you should know your PD to get your LC Details from this PERM database.
Also, speak to the attorney of your company B. Attorney's have several ways to get your LC details either with your I140 Approval Notice or I485 Receipt Notice. Good Luck.

Thanks
Susi