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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 04-20-2007, 11:16 AM
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Default IV spotlight Topic Series: Discuss issues with AC21 after applying for 485

I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.

It seems there is lack of information on this subject. Let us use this thread to

- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.


Hope this information will help everyone

Last edited by pappu; 04-20-2007 at 11:19 AM.
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  #2 (permalink)  
Old 04-20-2007, 02:52 PM
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No reply so far ! No one here??
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  #3 (permalink)  
Old 04-20-2007, 02:58 PM
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Can we assume there are no issues?
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  #4 (permalink)  
Old 04-20-2007, 03:49 PM
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Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
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  #5 (permalink)  
Old 04-20-2007, 04:31 PM
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Quote:
Originally Posted by rbms
Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).

I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,

I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
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  #6 (permalink)  
Old 04-20-2007, 04:46 PM
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Quote:
Originally Posted by eb3India
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).

I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,

I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
All

I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
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  #7 (permalink)  
Old 04-20-2007, 04:50 PM
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First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

Also, IV should advocate on not to have any restrictive interpretation in final regulation.
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  #8 (permalink)  
Old 04-20-2007, 05:05 PM
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Default Help me.

I currently have a job offer from the client .

My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR

My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.

Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?

Help me out as I have to decide on the offer by weekend.



Quote:
Originally Posted by krishna.ahd
All

I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
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  #9 (permalink)  
Old 04-20-2007, 10:12 PM
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Quote:
Originally Posted by vicks_don
I currently have a job offer from the client .

My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR

My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.

Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?

Help me out as I have to decide on the offer by weekend.
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
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Last edited by krishna.ahd; 04-20-2007 at 10:14 PM.
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  #10 (permalink)  
Old 04-21-2007, 08:25 AM
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Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

Has anyone done this more than 1 times?

How much % salary increase have you taken while changing jobs?
How different was your job description and profile?

What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
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  #11 (permalink)  
Old 04-21-2007, 10:48 AM
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Default Thanks

Quote:
Originally Posted by krishna.ahd
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
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  #12 (permalink)  
Old 04-21-2007, 10:50 AM
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Default Right questions.

Quote:
Originally Posted by pappu
Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

Has anyone done this more than 1 times?

How much % salary increase have you taken while changing jobs?
How different was your job description and profile?

What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
The answers for this questions would really help. Any one who has done this ?

Thanks
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  #13 (permalink)  
Old 08-04-2007, 07:48 PM
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Quote:
Originally Posted by rbms
Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.

hi, what are the requirements of self employment ?

thanks
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  #14 (permalink)  
Old 09-26-2007, 01:58 PM
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By Self employment, do you mean working on 1099 or by starting a business and working for it?

Quote:
Originally Posted by rbms View Post
Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
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  #15 (permalink)  
Old 09-26-2007, 02:09 PM
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Default Ac 21

If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
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