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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 11-10-2009, 02:00 PM
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speddi will become famous soon enough
Default AC21 - Employment Letter

I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?

Thank you,
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  #2 (permalink)  
Old 11-10-2009, 02:26 PM
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Thumbs up Very good question...

I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.
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  #3 (permalink)  
Old 11-10-2009, 02:32 PM
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Quote:
Originally Posted by speddi View Post
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?

Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
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Old 12-05-2009, 09:41 PM
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Default Same Problem

I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.

I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.

Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?

Thanks!
sharma
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  #5 (permalink)  
Old 12-05-2009, 10:55 PM
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If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
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Old 12-05-2009, 11:44 PM
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Thanks!.. My job title in labor is "Computer and Information Systems Managers" & SOC code is "11-3021.00". The offer I have is for technical lead with around 40% hike. Will technical lead be considered as "Computer and Information Systems Managers"?. Future employer is a big co & I don't think they will be ready to adjust the job profile. Can I hear from anyone who had their labor filed for solution architect or technical lead role(soc code & job description)?

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Originally Posted by dskhabra View Post
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
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  #7 (permalink)  
Old 12-06-2009, 11:46 AM
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I think, if you don't have labor doc, you can go to FLCDataCenter.com and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
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  #8 (permalink)  
Old 12-06-2009, 12:53 PM
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My new employer has asked me to provide copies of 1. Labor approval, 2. I-485 notice, 3. EAD to issue employement verification letter.
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  #9 (permalink)  
Old 12-09-2009, 11:19 AM
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Default

I was able to get copies of all the documents (labor,140 and 485) from the attorney. Is it mandatory to file AC21? When I asked my attorney the fee to file AC21, he said it is $750 to $1500. What is the normal fee for AC21?

Also, the job description says 'VB .Net' but the new job is in C#. Does it make any difference?

Thank you
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  #10 (permalink)  
Old 12-09-2009, 01:26 PM
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As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...
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  #11 (permalink)  
Old 12-09-2009, 01:35 PM
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Default

Quote:
Originally Posted by pd_recapturing View Post
As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...
Thank you very much. Other than giving the letter with salary,job description and showing that it is a full time position, what support do we need from the new employer?
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  #12 (permalink)  
Old 12-26-2009, 02:32 PM
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Default Staus "CERTIFIED-EXPIRED" :(

Chantu,
Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..

Thanks

Quote:
Originally Posted by chantu View Post
I think, if you don't have labor doc, you can go to FLCDataCenter.com and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
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