Urgent clarification on support needed from new employer for AC21

ajju15

Registered Users (C)
My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.
 
Last edited by a moderator:
ajju15 said:
My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.
in EVL if they write the same/similar job duties then u r good to go. any salary which is more than what u got earlier is fine.
 
ajju15 said:
My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process.
They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary).
---- your are full time employee at this time, they need to offer permanent job after I-485 gets approved
I will request them to put the job role same as stated in my Labor application.
In fact I will be working in the same role as now. AND let them add that they have permanent job offer for you once your I-485 gets approved

My question is: Is it enough to keep my I-485 processing going on AC21?
--- if you do the above corrections on letter then you dont need other document from them but if the CIS asks ability to pay then they may have to submit the documents(very less chance that CIS will ask for it becase they normaly ask ability to pay at the time of I-140 approval)
And, Do I need any other document support from the new employer?
--no
Any clarification from experienced people will be really appreciated. Thanks in advance.
you need to send New employer letter+I-485 filing reciept copy, if you have 3-4 recent pay stubs from new employer better attach the copy(Not needed but help) write on the cover letter your name, I-485 reciept #, your A#, DOB and inform that your intent has changed and you would like to use AC21 and would like to work permanently with ABC company after I-485 approval, write what you have attached( keep the copy of each document with you what you send) and mail it to service center where your I-485 is pending with certified return reciept mail.
 
How important is the Job Title for AC21?

As per my Labor (ETA 750A), the job title was “Project Leader”. My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back.

I have got an offer from new employer (my current client). The offered compensation is better than now (also around 30 % more than mentioned in ETA 750). But they have very generic job title (with different levels) and the offered title is “Application Developer”. They are willing to put the job role from my Labor Application (ETA 750A) on Employment Verification Letter. In fact they are ready to mention in the letter that their “Application Developer” title is equivalent to “Project Leader” title and I will be working in the same role (joining the client) after the change.

My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?

Any clarification from experienced people will be really appreciated. Thanks in advance.
 
ajju15 said:
As per my Labor (ETA 750A), the job title was “Project Leader”. My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back.

I have got an offer from new employer (my current client). The offered compensation is better than now (also around 30 % more than mentioned in ETA 750).
--- that is OK
But they have very generic job title (with different levels) and the offered title is “Application Developer”.
---- why they cant write the same job title, any problems???
They are willing to put the job role from my Labor Application (ETA 750A) on Employment Verification Letter.
--- that will be good for you
In fact they are ready to mention in the letter that their “Application Developer” title is equivalent to “Project Leader” title and I will be working in the same role (joining the client) after the change.
--- Best option let the new employer write the SAME job title( I have read AC21 cases approved with diffrent job title but job duties same but it is always better to be safe) as on approved LC, they care only for job duties so write the Same job duties
My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?
------ you are eligible for AC21 better let the new employer write the same job title and same job duties
Any clarification from experienced people will be really appreciated. Thanks in advance.
 
ginnu said:
---you are eligible for AC21 better let the new employer write the same job title and same job duties


i guess for AC-21 job title dosent matter but it should have same/similar job duties. Now definition of 'similar job duties' is not clearly defined by USCIS, I've heard some top attorneys stating if somebody had IT job before using lets says 'Oracle' then an AC-21 letter having word 'Oracle' should also be good enough. Dont quote on me for this statement but the bottomline from what I've heard is they just check if new job is also in IT if old was in IT.
 
ajju15 said:
My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?
Any clarification from experienced people will be really appreciated. Thanks in advance.

My labor stated "Software Engineer" but when I invoked Ac-21 my title was "IT Architect". My employer gave me a letter where the job duties were about 90% the same as the original labor. My case was approved recently. I guess it all depends on how comfortable you are with the same title and job description when invoking AC-21. If you ask me, job title does not matter as long as the job description is close enough.
 
Top