Use AC21 twice: any trouble ?

[Immigrant_EB3]

Hi everyone !

--my case-------------------------------
PD: 10/2002 (EB3 under RIR)
Labor Approved: 08/2004
I-140 & I-485 filed: 10/2004 (concurrently)
I-140 Approved: 12/2005
Finger Printing: 03/2005
I-485 : Pending since 10/2004
-----------------------------------------
Employer A --> company X (contracted)
Employer B --> company Y (contracted)
Employer Y (direct)
-----------------------------------------
(1) Company A filed my GC but I was working as a contract employee in company X.
(2) Nine months after filing I-485 I moved to joined company B to work as a contract employee in company Y. Company B didn't want to do my H1B therefore I used AC21 to change job. The job in B had 'same' title & category but 'similar' job description. AC21 letter given by new employer and filed at DHS/USCIS by my attorney.
(3) Six months after working in company Y as a contract employee, I have been given an offer to become a direct employee. The job title and category will remain the same but the description will be 'similar' to the previous job in B but a few more 'new responsibilities' added !

Job description in new job will now be about 30-40% similar (word-to-word) to to original description (as in approved ETA750A and approved I-140).

-Can I use AC21 for the second time without any I-485/GC approval issue ?
-Will 'same or similar' description clause create any problem ?
-Do you foresee any other issue ?


Thanks in Advance
Immigrant_EB3

 

[minn_labor]

Hi everyone !

--my case-------------------------------
PD: 10/2002 (EB3 under RIR)
Labor Approved: 08/2004
I-140 & I-485 filed: 10/2004 (concurrently)
I-140 Approved: 12/2005
Finger Printing: 03/2005
I-485 : Pending since 10/2004
-----------------------------------------
Employer A --> company X (contracted)
Employer B --> company Y (contracted)
Employer Y (direct)
-----------------------------------------
(1) Company A filed my GC but I was working as a contract employee in company X.
(2) Nine months after filing I-485 I moved to joined company B to work as a contract employee in company Y. Company B didn't want to do my H1B therefore I used AC21 to change job. The job in B had 'same' title & category but 'similar' job description. AC21 letter given by new employer and filed at DHS/USCIS by my attorney.
(3) Six months after working in company Y as a contract employee, I have been given an offer to become a direct employee. The job title and category will remain the same but the description will be 'similar' to the previous job in B but a few more 'new responsibilities' added !

Job description in new job will now be about 30-40% similar (word-to-word) to to original description (as in approved ETA750A and approved I-140).

-Can I use AC21 for the second time without any I-485/GC approval issue ?
-Will 'same or similar' description clause create any problem ?
-Do you foresee any other issue ?


Thanks in Advance
Immigrant_EB3

I dont' think there is any limit to how many times you can use AC21 as long as you are within the loose boundaries of AC21 qualifications. However, I will let others give their input too.

 

[AtlGC_Guy]

I am thinking about using AC21 for the 2nd time since there is no hope for EB3 India.I posted some messages in this forum earlier and got response that there shouldnt be any issues.I also checked with my lawyer and she said the same...but U never know about USCIS,but i guess i am willing to take that risk rather than hopelessly wait for EB3 dates to move.My PD is Feb 2003.

 

[Cheekoo]

No limit in job switch .... for sure ..

Try to be as close to the job description as possible. Unless its totally out of proportion ,, you are safe.

Good Luck