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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 07-11-2008, 03:48 PM
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Default Urgent EAD (AC21) - Joining very small company (only 32 employee).

I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

Pls. help, your reply will be highly appreciable?
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  #2 (permalink)  
Old 07-11-2008, 04:00 PM
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Default USCIS can ask anything at any stage

Yes, USCIS can raise RFE ability to pay even in I-485 stage.
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  #3 (permalink)  
Old 07-11-2008, 04:06 PM
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Originally Posted by sudhirdd View Post
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

Pls. help, your reply will be highly appreciable?

As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
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  #4 (permalink)  
Old 07-11-2008, 04:07 PM
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as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
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  #5 (permalink)  
Old 07-11-2008, 05:36 PM
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Originally Posted by chanduv23 View Post
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.
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  #6 (permalink)  
Old 07-11-2008, 06:47 PM
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Default Size of company doesn't matter

Quote:
Originally Posted by sudhirdd View Post
Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.
I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.
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  #7 (permalink)  
Old 07-11-2008, 07:09 PM
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Originally Posted by chanduv23 View Post
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.
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  #8 (permalink)  
Old 07-11-2008, 07:16 PM
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Quote:
Originally Posted by sudhirdd View Post
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

Short answer - No potential problems.

Last edited by kaisersose; 07-11-2008 at 07:18 PM.
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  #9 (permalink)  
Old 07-11-2008, 07:35 PM
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Default Not related

Quote:
Originally Posted by buddyinsfo View Post
Just an FYI, this company is the one that develops SW to help attorneys in filing the PERM. Looks like they used the USCIS website as a testing place for their SW and hence the debarment. Should not be a problem for most of the companies (wonder any?) out there.

From the announcement:

"..
LawLogix submitted more than 100 applications
using the permanent programís online filing system in the last year, apparently for the
sole purpose of testing the parameters of the departmentís electronic processing system.
...
"
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  #10 (permalink)  
Old 07-11-2008, 08:18 PM
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Originally Posted by buddyinsfo View Post
Yes. I guess, I read it wrong. I'm surprised that USCIS has outsourced this work to companies like these trusting them blindly. I was of the impression that the attorney used some USCIS website to file for PERM labors. And what kinda stupid co. was this...TESTING against prod database? Scary
USCIS didn't outsource; at least not to LawLogix. They are independent SW makers, much like TurboTax from Intuit

Last edited by yagw; 07-11-2008 at 09:15 PM.
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  #11 (permalink)  
Old 07-11-2008, 11:37 PM
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With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)

Last edited by InTheMoment; 07-11-2008 at 11:42 PM.
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  #12 (permalink)  
Old 07-12-2008, 09:33 AM
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Quote:
Originally Posted by katakamk View Post
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
thats not true. Can you post a link to back that up?
The yates memo made it clear that AC-21 portability employers dont have to prove anything (ability-to-pay, test of market etc). The only expectation from them is that they promise you a job with same/similar duties.

to OP: size of your newemployer should not be a problem,just make sure your job duties are same/similar to what was described in your LC.
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  #13 (permalink)  
Old 07-12-2008, 11:47 AM
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Quote:
Originally Posted by sudhirdd View Post
Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.
I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time
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