using AC21 and Not informing Service center

[narasi_a]

Hi,

I am planning to use AC21 and change the employer. But the new lawyer is telling me that Even though you chnage the employer no need to inform the service center and When you get a query, We will have time thn we can notify them.

Legally does it cause any problems later in the GC process?

Please advise me..

Thanks
NS.

 

[pb74]

My lawyer is advising me the same. I looked into Murthy.com FAQs and they suggest that you can go either way.

 

[rk4gc]

Two schools of thought:

1) notify proactively that you have changed and invoke ac21.

2) wait for RFE and then provide

I don't agree with a response that Ginnu and given on #2 as it isn't stated anywhere else and he wasn't able to give back-up on this. He stated that if you do not inform of change in ac21 of new employer prior to green card approval then the uscis has the employer on record that you originally filed for and this could be an issue when you go for citizenship since you didn't work for the last employer that the uscis had on record after green card approval. Again, I haven't seen this on any other post and ginnu could not substantiate. I would go with recommendation of lawyer.

Lets say if there is no RFE then obviousely as Ginnu mentioned as per USCIS the GC is approved for the old employer. So doesn't the intent come into picture here.

 

[sb_tiger]

"Employer on record" and "intent" etc are grey areas- nobody knows the implications. In reality it works great either way.

 

[ginnu]

http://www.immigration.com/faq/greenvisa.html#118

Q39 What is the indication of "permanency" while working with my employer after getting my GC?.

A39 The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases.
Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone.

There may be considerable relaxation in this interpretation because in the year 2001 Congress has enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues. Therefore, it would still be a good idea to adhere to the above
[Index] [Compiled by Law Offices of Rajiv S Khanna]

 

[sb_tiger]

In my opinion the premise of GC is there is a permanent job for the person. The employer is the one intending/promising to hire on a permanent basis. I don't think we as candiates ever make a statement that I will work permanently for the employer. The employers very frequently break the promise- by firing you- Govt does not hold them accountible in any way- the basis of American employment- at will.
From the Govt view point one or the other permanent job should not make any difference. This is the basis of AC21- simply have some permanent job- all is OK. The most important thing they care about is you don't become a public charge (go on welfare).
2 cents