Workaround for job title/job description for AC21?

A

abtoaajabhai

Registered Users (C)
My GC was filed with title of Software Engineer and now after 9 months of filing of I-485 I am in the process of changing employer.
I joined the employer recently but I am unable to get the appropriate letter with appropriate job title and job desccription.

Salary for this new job is more than what was mentioned for GC application.

1. Is this really necessary to inform the INS of the job change at this stage?

My RD:Nov 11, 2002
ND: NOv 23, 2002
EAD:March2002
FP:April 2002
WAC-02-046-XXXXX

I requested the HR of the company to issue employment letter which would include the present job title with the GC job title (Software Engineer/Software Quality Assurance Engineer) and the GC job description with the present job description. They are waiting for the company's lawyer/legal advisor to go ahead and do this way.

2. Is this illegal if I am asking such type of letter ? By merging the new job title and description with the GC job title and description would help me a lot.

3. Is there a way I can convince them ? I guess INS probably never cares after they receive the employment letter.

4. Can a lawyer convince company legal advisor about the situation that there is no harm to any one if this is done this way ?

Jaxen and Immi007 please do post on this one.
 
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What if I change job but don't use AC21 for portability. And if there is a RFE send the employment letter from the GC sponsor ?

What do you think ?
 
should not be a problem

The way I see it, both have similar responsibilities. QA is part of a software engineer's responsibilities. It is not necessary to tweak the title. All that is required is to make responsibilities look similar.
1. No Need to inform INS now. Wait for RFE or local transfer/interview

2. It depends on what HR thinks. I doubt that they will give you such a letter. Do not insist on the title- concentrate on the responsibilities.

3. ?

4. I dont think you can change the title of a position on the fly. How big is your company?

5. What do you mean -not use AC21 portability? Are you going to start the GC process all over again? If you change job and you want to preserve your I485, then you are using AC21 portability- are you not?
 
Thanks Jaxen for posting your reply.

1. The company is large size (about 1100 employees and the parent company has assets over $ 100 billion.

2. They will not tweak the title or job description. They will give the title of Software Quality Assurance Engineer with related job description and responsibilities.

3. By not using AC21 I mean to say if there is an RFE I can get letter of employment from the GC sponsor. I still have good relations with the GC Sponsor employer.

4. I don't want to start GC process again.

What is the better option:

A. If there is an RFE , submit letter of employment from the GC sponsor employer.

B. If there is an RFE , submit letter of employment from the new employer. With different title and differet job description.
 
If there is a RFE

It is better to tell the truth. You can however provide a point to point comparison of the responsibilities and state how similar it is. Maybe you ought to talk to your personal lawyer and prepare for the RFE just in case.
see http://online.onetcenter.org/ for job responsibilities of software engineer. It is so generic that, I do not see any problems in highlighting the similarities..
My opinion.
 
There is no RFE yet. I m just proactive and preparing my self for the RFE.
Still dont know yet, if there is an RFE which employment letter to present? Letter from the GC employer or Letter from the new employer.

I agree with you that , I must wait and if there is an RFE then only I should send the employment letter.

I can still get the letter from the GC sponsor which will be same as what is on the GC application vs. the letter from the new employer which is different.

Wouldn't it be safe to send the employment letter from the GC sponsor ?

What do you think Jaxen?

I can write the job title and description from both the sources for opinion.
 
1 I hope you were sponsered for GC by company A
2 after 9 months of filing your I-1485 you changed to Company B
3 you are at this time Employed by Company B

If this is the case then you should submit Company B letter to INS and use AC21. You can send the letter of Employer Swith and Intent change now to INS as your I-485 has been pending more than 180 days.
OR you can submit the Letter from B when you get RFE

If you do not submit the new letter from B now or after RFE and your GC is approved then you HAVE TO work with A after recieving GC for minimum 6 months or a year.

IF you want to work with B, you should send letter from B
I hope this clears your confusion

( I am not a Lawyer read at your own risk)
 
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Hmmm...

I disagree with Inders in the conclusion that if you do not inform INS (how do we prove that we have informed INS? I mean what kind of infalliable proof can you present?) you have to work for your original sponsoring employer.
Of course we are all awaiting INS's final regulations on this matter, but till then I would not dare to say that INS has to be made aware when you change job after 180 days...

abtoaajabhai- I have given my answer already. Always tell the truth...
 
Thanks Jaxen -- Yes, I got it , the best way to handle this situation is wait until I get an RFE and then respond with the employment letter from company B (new employer).

Tell me one thing Jaxen : What if there is no RFE and the case approved , can I still continue working with the employer B (new employer) ?

Or I should inform INS about employer change to B , no matter if they ask or not ?
 
Thanks Jaxen and All

I checked the I-485 status on Sep 26,2002 and found out that it is approved on Sep 26,2002

Thank you very much Jaxen and every one in this Forum.
 
congrats man!, Also could u please post ur details and experiance.Did u finally notify INS of job change? I am also about to join my employer and ur suggestions will really help. U said its 9 months since u applied, does it mean v r seeing a Jan 2002 approval here? Please post ur details!!
 
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