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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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  #76 (permalink)  
Old 11-08-2007, 12:47 PM
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Originally Posted by GCperm View Post
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.

Thanks,

In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
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Last edited by BharatPremi; 11-08-2007 at 01:47 PM.
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  #77 (permalink)  
Old 11-08-2007, 01:42 PM
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Originally Posted by Cheran View Post
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:

http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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  #78 (permalink)  
Old 11-08-2007, 01:52 PM
jsb jsb is offline
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Default AC21: Inform USCIS or not

When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
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  #79 (permalink)  
Old 11-08-2007, 02:00 PM
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Originally Posted by jsb View Post
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
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  #80 (permalink)  
Old 11-08-2007, 02:22 PM
jsb jsb is offline
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Originally Posted by BharatPremi View Post
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Reason for not informing could be the vagueness and subjective element of what is same/similar job. If you are close to getting your GC, and you don't expect any RFE, you might want to avoid that potential issue. Of course, if there is long time interval between I-485 filing and the USCIS decision making time, USCIS might like to reconfirm if original job offer is still there. In that case it is better to inform USCIS about the job change, before they issue an RFE.

Anyway, it is better to get a clarification from Ombudsman
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  #81 (permalink)  
Old 11-08-2007, 05:49 PM
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Default you can stay with same position

Quote:
Originally Posted by Cheran View Post
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....

If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
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  #82 (permalink)  
Old 11-26-2007, 03:08 PM
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Default Labor cert

Hello

I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
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  #83 (permalink)  
Old 11-26-2007, 03:27 PM
jsb jsb is offline
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Originally Posted by TomTancredo View Post
Hello

I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
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  #84 (permalink)  
Old 11-26-2007, 03:53 PM
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Default letter of Emp

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Originally Posted by jsb View Post
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
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  #85 (permalink)  
Old 11-26-2007, 04:17 PM
jsb jsb is offline
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Originally Posted by TomTancredo View Post
I have copy of that letter but it mentions the title and salary no job desc.
Possibly, that's what you need. If you can get a similar letter (same title with same, or a bit more, salary) from your new employer it should work.

Did you ever get (or ask for) your I-140 filing? It should have a copy of the LC application, and job description.
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  #86 (permalink)  
Old 11-28-2007, 08:44 PM
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Default AC21 Before I-140

I think attorneys scare us in using AC21 before I-140. If you have a good attroney she can argue and convince USCIS to approve AC21 before I-140 approval. There can be only 3 reasons of I-140 denial:
- Ability to Pay
- Education
- Experience

Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.

Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.

Mammoy2k

Quote:
Originally Posted by cjain View Post
I was confident on this before, you have just made me super confident.

I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
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  #87 (permalink)  
Old 11-28-2007, 08:49 PM
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EB2_Jun03_dude will become famous soon enough
Unhappy RFE Invoked for me ! wife's case send to local Newark, NJ office!

PD: EB2 India - Jun03
I140 approved: Nov 05
I-485 applied: Jun 05
FP1: Jul 05
FP2: May 07
AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

This morning I received USCIS email alert for both my wife and I.

My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details.

My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview."

I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
3) How much time will I have to respond to the RFE? Based on the new guidelines (http://www.murthy.com/news/n_timrfe.html) , I expect that to be stated in the RFE letter.

thanks in advance.
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  #88 (permalink)  
Old 12-02-2007, 04:46 PM
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vadapav is on a distinguished road
Default Gameplan: far fetched?

Friends,
Please give your opinion on my plan.

Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer

I have no realistic hopes by getting GC by end of next year.

New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE

Does this sound far fetched?

thnx
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  #89 (permalink)  
Old 12-03-2007, 12:06 PM
jsb jsb is offline
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Default

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Originally Posted by vadapav View Post
....
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE...
Post 78 above, should answer your question/concern.
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  #90 (permalink)  
Old 12-16-2007, 06:42 PM
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HumHongeKamiyab is on a distinguished road
Default One more AC21 question ?

One more AC21 question -

Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?

Thanks,
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