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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 11-14-2007, 10:07 AM
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Default AC21 - Can we submit an employment verification letter from a different employer?

Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

Thanks!
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Old 11-14-2007, 10:16 AM
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  #3 (permalink)  
Old 11-14-2007, 10:53 AM
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Default Genuine question

Good question...any one experienced

If this work, it will put you on better negotiation table also.
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  #4 (permalink)  
Old 11-14-2007, 10:56 AM
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Default yes, you can

Quote:
Originally Posted by indyanguy View Post
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

Thanks!
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

Hope this helps.
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Old 11-14-2007, 11:16 AM
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Default

Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?

Quote:
Originally Posted by Munna Bhai View Post
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

Hope this helps.
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Old 11-14-2007, 11:27 AM
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Default

At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


Quote:
Originally Posted by indyanguy View Post
Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?
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  #7 (permalink)  
Old 11-14-2007, 11:36 AM
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Default after 6 months

After six months can i do H1 transfer with some other company...just want to be on H1 until i get GC (though it is not practical now because it takes years to get GC)...
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  #8 (permalink)  
Old 11-14-2007, 11:38 AM
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Default

1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

Quote:
Originally Posted by H1bslave View Post
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
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  #9 (permalink)  
Old 11-14-2007, 01:11 PM
jsb jsb is offline
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Default

Quote:
Originally Posted by indyanguy View Post
Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.

Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.

Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
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  #10 (permalink)  
Old 01-03-2008, 05:50 PM
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Default Thats very intersting

Can someone please clarify
i know there is always risk involved ....

If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
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  #11 (permalink)  
Old 01-08-2008, 04:49 PM
jsb jsb is offline
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Default

Quote:
Originally Posted by coolguy76 View Post
Can someone please clarify
i know there is always risk involved ....

If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
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  #12 (permalink)  
Old 04-14-2009, 04:20 PM
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Default Not for sponsoring employer?

Quote:
Originally Posted by jsb View Post
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:

I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.

Just wondering if this situation would raise doubts in the IO's mind.
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