Word of caution from my lawyer on AC21

W

whats_in_name

Banned
Guys

Please note that, I am not claiming what I am going to say is right, all I want is to check the validity of this statement from my lawyer.

I work for a small consulting firm who is sponsoring my GC. I am more than 195 days into my I-485. Because of lack of sub-contracting opportunities, for the last three months I am not working on the same level where I belong professionally and also the current project is not going to go very long, therefore thinking about changing job with the help of AC21 law. I know that many people shared their experiences in this forum and I personally know people who changed their job before GC approval and also got their GC approved without any problems. However, I thought of checking with my lawyer who I feel is very knowledgeable and systematic. According to my lawyer, changing the job with AC21 should be considered as the final option in case of lay offs or any danger of loosing job. AC21 should not be treated as an option to get better job or money. He also mentioned that if someone however is forced to change the job then the new job should be with the same/similar functions as in the labor and in the same area where the labor was filed and approved. There is some discussion going on in the BCIS head quarters on the issue of people taking up jobs in different geographical areas and not from where the labor was approved. He claimed that he worked with Department of Labor and he knows how things work there and he thinks this may become strict in the near future

Do you think what my lawyer is saying is right? I personally felt that what he said could be right?

WIN
 
to be causious

I think your lawyer is right.

AC21 should be used only if you don't have other choice. there are too many grey area with the AC21, especially the geographic limitation.
 
My 2 cents:
There is always an element of risk with AC21. You should use it only if :
1. You work for a consulting company and your client offered you a job
2. You are on bench and you found another offer
3. Your current salary is too bad and you got another offer with excellent salary. Ofcourse, you change job in this situation only if your GC approval is going to take long time (say more than 4 months)
 
But what if

Guys like in my case in my labor which was approved from CSC it has been written that location where i would be working is not none at this period and can change. My labor was approved on Jan 2001.
And right now I'm in VSC area.
 
don't worry too much

well, most of time, you should be cautious before the change.

if you don't have choice but to change, then forget about those risk. lots of people get approved without problem. and the AC21 says the "same/similar occupational classification"


hope BCIS should not put other restriction
 
AC 21

what's_in_name,

I think the fellows gave you enough information about AC-21, which is still in MEMO status. It is true that among the 7000-8000 Immigration lawyers in this country, there is a group that represents the strictest interpratation of AC-21 and in doing so they claim DOL rules on the LC. "My" lawyer (paid by my company - not myself) believed that in a case of a new job, it should be the same kind and also within fifty miles of your current residence. The fifty miles has something to do with the geographical area filed in the LC.
In the end it is up to you to make a decision. You can say your current area got you sick (aren't we all?)for some unexplained reason - probably hidden dump site and you decided to move and get another job. Cheers and good luck.
 
I think your lawyer is extra cautious although whatever he said makes perfect sense. As far as I know currently there is no such law. But who knows anything can happen in the next hour and becomes a law. Then you will be in a very big trouble. So changing jobs SHOULD BE your last option.
 
I quit my job with an established public company and moved to a fresh startup firm becuase that's what I wanted to do with my career. This was after 14 months of my RD. I actually recieved an RFE after changing jobs. They asked for Employment letter, 2 months paystubs. I sent them the employment letter from the new company and paystubs from both the new and previous company - since I had changed jobs within the 2 month time range. My new job is in the same city, but it was a 5 month old company and my salary is significantly lower than before, and 10% lower than the salary listed on the labor cert. In the end I got approved after 2ndFP.

Moral of the story - yes it might be risky but do what's right for you and there is light at the end of the tunnel
 
AC21 can delay your case.

I think case officers tend to put AC21 cases on the side.

My statement is based on the following:

My 4 friends (MS classmates) and I filed I-485 in December 2001. I was forced to change my employer (a large corp.) due to
ongoing layoff's.
My friends did not change their employer and are still with the company that filed for labor and I-140.

In the month of May, 2003 we received RFE for employment and pay stubs.
BCIS received our RFE response during 3 rd week of June. All my friends were approved within 3 weeks because they were straightforward cases with no change in employment.

I am still waiting for approval since I had to use AC21 regulation. Note that my job duties are same as before with increased salary.

This tells me that case officers do tend to put AC21 cases on the side and eventually these cases just fall thru the cracks.


RD: Dec. 31, 2001
FP: April 9, 2002
RFE: May 22, 2003
RFE Response received by BCIS: June 24, 2003
AD: Still waiting
 
Thanks for all your responses guys.

I just want to add one more thing here that my LC was filed from VA because my consulting company is based there and I work and live in NJ since I joined this company. So, my lawyer says,

1. avoid changing employer unless there is a danger to your job
2. If at all you decide to change your employer, take up a job in VA area so that it goes with your LC.

WIN
 
hailstorm, is right. Our cases (employment based) are pretty straight-forward and are not as complicated as an illegal application. I have never seen any employment based case that is denied. I always believe in one thing - the biggest risk in life is not taking any risk at all. If you are getting a good position and pay, I would say take it and everything should be cool.
 
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