Tricky AC21 situation. Need Advice

M

mkr

Registered Users (C)
Gurus,

I am in a tricky situation; I need your advice on this. I have asked some of my questions before and Ginnu had helped me. I have some more questions.

Recently I have changed the employer using AC21 for the second time. Later when my lawyer asked me to get the EVL to inform INS pro actively, I went and asked the HR for the letter. To my surprise, they were not willing to give it until INS asks for it. Now, I am not feeling comfortable with them as I will not be able get the letter in the format I need. For Example, they are not willing to mention the Future Job prospects in the EVL letter etc. Being in a large company, I have no leverage to negotiate with them. They say it is their policy not to mention future employment prospects. Now I am in search of another job with same/similar job description. There are some consulting companies who are willing to give me the letter if I become their employee and go into their payrole. But, I am trying to find a Job at the client companies. Given this background, here is my question:

Before I find a new Job, If USCIS calls me for an Interview and ask for EVL, at that time can I show a new job offer letter from a different company (this includes same job description and salary etc) and invoke AC21 and request the approval of my 485 on the basis of future employment?

Or do I have to be in the job that is same/similar to my labour approval at the time of interview?

Does the same apply in case of RFE also? (Requesting approval on future job offer)

I am asking this because, if I cannot find a Job before the interview, I will get the offer letter from one of the Consulting companies and show it at the interview. Would this be a problem?

Also, does chaning jobs many times on AC21 negetively affect my I-485 process?

Could anybody please give me advise on this? You guys have been more helpfull than lot of lawyers. I am trying to get your advice before I go to a lawyer consultation.

Thanks in Advance
 
mkr said:
Gurus,

I am in a tricky situation; I need your advice on this. I have asked some of my questions before and Ginnu had helped me. I have some more questions.

Recently I have changed the employer using AC21 for the second time.
Later when my lawyer asked me to get the EVL to inform INS pro actively, I went and asked the HR for the letter. To my surprise, they were not willing to give it until INS asks for it. Now, I am not feeling comfortable with them as I will not be able get the letter in the format I need. For Example, they are not willing to mention the Future Job prospects in the EVL letter etc. Being in a large company, I have no leverage to negotiate with them. They say it is their policy not to mention future employment prospects. Now I am in search of another job with same/similar job description.
---do it ASAP
There are some consulting companies who are willing to give me the letter if I become their employee and go into their payrole. But, I am trying to find a Job at the client companies. Given this background, here is my question:

Before I find a new Job, If USCIS calls me for an Interview and ask for EVL, at that time can I show a new job offer letter from a different company (this includes same job description and salary etc) and invoke AC21 and request the approval of my 485 on the basis of future employment?
--- yes you can do it but it will be much better if you have 2-3 recent pay stubs from the comany you are working and want to use AC21, Inerview officer will know that you are working with new employer in same/similar job duties
Or do I have to be in the job that is same/similar to my labour approval at the time of interview?
---it is better to be working

Does the same apply in case of RFE also? (Requesting approval on future job offer)

I am asking this because, if I cannot find a Job before the interview, I will get the offer letter from one of the Consulting companies and show it at the interview. Would this be a problem?
---- if your file gets transfred to Local USCIS better join the employer whose letter you want to use for AC21 becase after the file gets transfred many local USCIS office take 3-4 months to sent Interview date notice and you can have recent pay stubs ( this is just to play safe)
Also, does chaning jobs many times on AC21 negetively affect my I-485 process?
-----NO
Could anybody please give me advise on this? You guys have been more helpfull than lot of lawyers. I am trying to get your advice before I go to a lawyer consultation.

Thanks in Advance
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