Urgent! Help required in filing AC-21

[ajaysri]

Hi,

I have changed job using the AC-21 portability. The job title is different from what has been filed on my labor, however most of the job duties are the same. The new employer will give me the required employment verification letter.

My attorney says that he will write a simple note in the subject line saying "change of employment using AC-21" but would not explain in detail. I am trying to be pro-active for not having any RFE'es etc.

Can some one please advice how the covering letter should be taking into consideration.

1) The job title is different but the duties are the same
2) There is a 20 - 30% hike in the pay than that is mentioned in the labor petetion

Thanks,
AjaySri
EB-3 India, PD: Oct 2004, 485 filed 2007 July
140 approved 2006 Feb.

[kanshul]

Job description is more important than job title. 20-40% salary difference is not serious and I am assuming labor was filed many years ago.

Should you be proactive or not is a matter of debate. Many lawyers recommend "do nothing" others want you to proactively inform USCIS. No clear answer here.

[akelkar]

AC21 Portablity - & Everything About it ..

try this may help

[ajaysri]

Thanks for your reply. I am trying to understand if its a good idea to write a covering letter and emphasize on the new job duties are the same although the job titles are different. Any thoughts?

[diptam]

Hey Guys,
Writing @ IV after quite a while. I'm not in the country for last 8 months but looking forward to make a comeback.

I dont think Proactive AC21 will add much value. Because as soon as they see they letter they issue a RFE out of higher curiosity. Where as if you do not inform them ( but follow the rules of AC21 in terms of switching) there is a chance that no RFE is issued.

Also one conventional trigger for them is address change , if they see that your address has changes they make an assumption that you have AC21'ed yourself and got a new Job. Even though it could be that the address change is because you moved to a nicer apartment or the otherway around - they issue RFE.

Thanks
Diptam

Originally Posted by ajaysri

Thanks for your reply. I am trying to understand if its a good idea to write a covering letter and emphasize on the new job duties are the same although the job titles are different. Any thoughts?