Issues in employer change using AC21

[whattodo]

I have seen several threads on EAD, AP etc but none on AC21. Given that most of us will be filing I-485 in July, I am sure several of us will be looking to change jobs in 6 months time using AC21. I am assuming that most of us are stuck with our employer for long due to this retrogress and will love to use freedom of AC21. I am also looking for this option 6 months from now.

I have some questions for experts to start with. Please, ask your issues and share your experience/expertise about AC21.

1. My old employer may not give me a copy of my approved I-140. Do I need that to move to another employer?
2. What if my old employer revokes by I-140 after I move to the new employer?
3. Do all RFEs or approvals regarding my I-485 comes to me or my lawyer? If it comes to my lawyer, how can I ensure that it comes to my new lawyer of new employer?

[aristotle]

Originally Posted by whattodo

2. What if my old employer revokes by I-140 after I move to the new employer?

After 6 months, old employer cannot withdraw/revoke I-140. Thats the protection offered by AC-21.

[whattodo]

Thanks for info. Does that mean that I dont need a copy of my I-140 that is attached with my I-485 application.

How about where do documents like RFE and approval arrive? I dont want them to goto my old employer.

Originally Posted by aristotle

After 6 months, old employer cannot withdraw/revoke I-140. Thats the protection offered by AC-21.

[Canadianindian]

Originally Posted by aristotle

After 6 months, old employer cannot withdraw/revoke I-140. Thats the protection offered by AC-21.

I think the withdrawal period is even less than 6 months.

[greencardfever]

Are there certain work location restrictions when using AC21 if my labor certification of my current employer says that my primary workplace is City X, State A and if my new employer's location is City Y, State A or City Z, State B?

Please let me know. Thanks.

[radhay]

location is not an issue as long as the job description and category are similar. Your employer shouldn't revoke 140 based on fraud (I don't think this is an issue for most of us).

Originally Posted by greencardfever

Are there certain work location restrictions when using AC21 if my labor certification of my current employer says that my primary workplace is City X, State A and if my new employer's location is City Y, State A or City Z, State B?

Please let me know. Thanks.

[shukla77]

Does title have to be same when using AC21.. Can Sr. Engineer go to Manager with similar job descriptions?

[vicks_don]

Originally Posted by whattodo

Thanks for info. Does that mean that I dont need a copy of my I-140 that is attached with my I-485 application.

How about where do documents like RFE and approval arrive? I dont want them to goto my old employer.

It depends on the new employer. My new Employer ( Big Company ) asked for my copy of Labour and i140 approval notes to make sure the job description is the same. Only then they offered me the position.

[vicks_don]

Originally Posted by shukla77

Does title have to be same when using AC21.. Can Sr. Engineer go to Manager with similar job descriptions?

How can Sr Engineer has same job description as Manager ?

[miguy]

How can the job desciption be exactly the same.....I was a software engineer when I started my green card process.......but now (4 years later ) my responsibilities are more like a Project Manager/Business Analyst.........If I have to switch jobs using AC21, I don't want to take a step back in my career and be a developer again......this is ridiculuous.....any ways to escape this?

[chanukya]

We need this thread going, now AC21 is very very crucial for almost all of us.

And you have raised very practical doubts, which most of us have.

Seniors, who have used AC21 and have any experiences please keep posting your advices.

Originally Posted by whattodo

I have seen several threads on EAD, AP etc but none on AC21. Given that most of us will be filing I-485 in July, I am sure several of us will be looking to change jobs in 6 months time using AC21. I am assuming that most of us are stuck with our employer for long due to this retrogress and will love to use freedom of AC21. I am also looking for this option 6 months from now.

I have some questions for experts to start with. Please, ask your issues and share your experience/expertise about AC21.

1. My old employer may not give me a copy of my approved I-140. Do I need that to move to another employer?
2. What if my old employer revokes by I-140 after I move to the new employer?
3. Do all RFEs or approvals regarding my I-485 comes to me or my lawyer? If it comes to my lawyer, how can I ensure that it comes to my new lawyer of new employer?

[chanukya]

This website has some answers---But practically, going strictly by the intrepretaion, most us may not be able to utilize the AC21 in the current form.

May be we can ask IV to lobby just for modifications of AC21, some more flexibilty in the area of JOB titles, job descriptions, salary, carrying I-140 approval.... etc

http://www.immigrationportal.com/arc...php/f-121.html

[wellwishergc]

I think, if you could request the HR of your new company to prepare a letter for USCIS with your old title, that should work. I guess. You could still be working as a Project Manager and with a higher salary.

Originally Posted by miguy

How can the job desciption be exactly the same.....I was a software engineer when I started my green card process.......but now (4 years later ) my responsibilities are more like a Project Manager/Business Analyst.........If I have to switch jobs using AC21, I don't want to take a step back in my career and be a developer again......this is ridiculuous.....any ways to escape this?

[whattodo]

If job title is exactly same (say project manager), does job description has to be exactly same? Job description of same position can be written in various different ways and what is the definition of similar?

Originally Posted by wellwishergc

I think, if you could request the HR of your new company to prepare a letter for USCIS with your old title, that should work. I guess. You could still be working as a Project Manager and with a higher salary.

[royus77]

Originally Posted by whattodo

I have seen several threads on EAD, AP etc but none on AC21. Given that most of us will be filing I-485 in July, I am sure several of us will be looking to change jobs in 6 months time using AC21. I am assuming that most of us are stuck with our employer for long due to this retrogress and will love to use freedom of AC21. I am also looking for this option 6 months from now.

I have some questions for experts to start with. Please, ask your issues and share your experience/expertise about AC21.

1. My old employer may not give me a copy of my approved I-140. Do I need that to move to another employer?
2. What if my old employer revokes by I-140 after I move to the new employer?
3. Do all RFEs or approvals regarding my I-485 comes to me or my lawyer? If it comes to my lawyer, how can I ensure that it comes to my new lawyer of new employer?

One of the conditions to move under AC 21 you have to move into a similar position .So better get your copy of Labor as that one will have your skills and position ( mapped to the State Agency job title) . In future that will be helpful .Employer may not give after 6 months and he will get a doubt if he asks him at that time