AC21 to Change Employers or Jobs

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03-20-2012, 04:20 PM
immi2910

AC21 to Change Employers or Jobs

Quote:

Originally Posted by venky2010

Hi Everyone!

I am at juncture of taking a very important decision of my career/life and would appreciate if you guys, GURUS, can guide me through this unchartered territory. Following are my details:

• Priority Date - January 15, 2010
• Category – EB2-I
• I-140 – Approval Dt - July 2010
• I-485 applied Dt – 5th March 2012
• BE from IIT and more than 10 years of exp.

Currently, working on H1 with small desi consultancy company who is also my GC sponser with current H1 expiring in Q3 2014. I am in 8th year of H1.

Being a contractor, I am sprinting cross country for the projects. At this point, I am working for one of the top leading technology company through my employer, desi company as a contractor in EVC model. My manager wants to hire me as a permanent employee. I am very happy with my work and career growth with this company. Company and my manager also equally value me. They are ready for H1 transfer and start GC process.

In January 2012, they have opened job rack to start the joining process and meanwhile, EB2 dates started to move. So, I asked them to hold the joining process. I got current in March and have filed 485/EAD.

I want to know what are my options to join this company. Please let me know how I can sort my situation. Which option will be better for me?

Option 1 - Transfer H1 to my company after getting EAD in two months. Start GC from scratch and recapture PD from earlier I-140 (Jan 2010). But, my current employer may withdraw I-140 (my speculation). Will I be able to recapture PD even if my employer withdraws it?

Option 2 I wait for 6 months from 485 receipt date to invoke AC21. The problem with AC21 is that desi consultancy has filed following information in my labor:
• Offered Job Title – Sr Software Engineer
• Occupation - Computer software engineers, systems software
• SOC code, 15-1032
• Prevailing wage - 100K
• Section 10 – Is experience in an alternate occupation acceptable? “Yes” has been selected.
• Section 10-B (Identify the job title of the acceptable alternate occupation), “Project Manager, Associate, Programmer Analyst” has been mentioned.
• Section 11 – Job duties are “Design and develop software systems, using scientific analysis and mathematical models to predict and measure outcome and consequences of design. Consult with engineering staff to evaluate interface between hardware and software, develop specifications and performance requirements and resolve customer problems.”
• Section 14 – Specific Skills – MS Project, AGILE, PMP, Clarity, LEAN, SDLC, DB2 etc

Past 3 years job title mentioned in the labor
1. With current employer –
 Job Title - Programmer Analyst
 Work Exp – Same as section 11 and 14 combined in above para

2. With previous employer
 Job Title – Project Manager
 Work exp – Developing project charter/plan, effort estimation, assigning work to team, managing project from initiation to closing, track scope/cost/schedule. Used MS Project, Agile, PMP, SDLC etc

My manager has opened following rack for Sr Project Manager position:

• Create and manage project plans, timelines and deliverables. Communicate schedules and deliverables in a concise manner and ensure that deadlines are met.
• Work with engineering, product development, QA, TechOps and other departments to resolve resource and schedule conflicts and dependencies.
• Run weekly project status meetings, track status of existing issues and identify new issues and risks.
• Act as a central point of contact for all communications relating to the project(s).
• Manage day to day operational, project and resource allocation issues.
• Communicate project status at all management levels.
• Ensure that projects adhere to established standards and methodology practices. Help define new development processes and industry best-practices.
• Assess impact of change requests.
• Make recommendations on how to best approach a software development project keeping in mind the business goals.
• Work with product managers to define requirements and ensure integrity of product.
• Know at all times the health of projects, critical path items, risks and impact to timelines.
• Facilitate problem solving and escalations to maintain schedule.
• Coordinate project deliverables between team leads.

Job Requirements

• 8+ years of program/project management experience
• Strong working knowledge of web development and eCommerce for an international company
• Ability to work effectively in a dynamic development environment with matrix reporting structure
• Knowledge of hardware infrastructure
• Strong facilitation skills
• Ability to communicate verbally and in writing clearly and succinctly, complex design and technical issues, as well as business and product requirements
• Demonstrated leader throughout career
• Demonstrated project management fundamentals
• Excellent written and verbal communication skills
• Solid understanding of web technology, software development lifecycle (Agile experience is a plus) browsers, user interface issues and quality assurance
• General appreciation for software architecture and software development concepts
• Ability to think “outside the box” and contribute to the improvement of internal processes
• Ability to understand and challenge technical proposals
• Strong MS Project aptitude
• Ability to work in a fast-paced, changing environment
• Highly organized and detail oriented
• Ability to multi-task with minimal supervision
• Demonstrated ability with affecting change
• Must be hard working, highly motivated and a self-starter
• Bachelor's degree or equivalent experience

Education
Bachelors Degree or Equivalent

Please let me know if I can use AC21 to move to this job after 6 months.

I shall highly value and appreciate your advice.

Regards,
One lost soul...

You do understand that even if you go with Option 2 that the new company will have to start your entire GC process. I know there is a lot of confusion in this regard and wanted to make sure you understand that.

So as I see it you wait 6 months and then invoke AC21 go to new company and then start your GC process. Or you can join now and start your GC right away. You will have EAD if you wait 6 months, which may or may not be useful in your situation.
03-20-2012, 04:36 PM
suninphx

Quote:

Originally Posted by immi2910

You do understand that even if you go with Option 2 that the new company will have to start your entire GC process. I know there is a lot of confusion in this regard and wanted to make sure you understand that.

So as I see it you wait 6 months and then invoke AC21 go to new company and then start your GC process. Or you can join now and start your GC right away. You will have EAD if you wait 6 months, which may or may not be useful in your situation.

Why one has to re-start GC process after invoking AC21? My understanding is that people use AC21 to avoid that. (as long as job duties are same or similar). In any case, one should seek advice from a 'good' immigration lawyer in such matter.
03-20-2012, 05:15 PM
immi2910

Quote:

Originally Posted by suninphx

Why one has to re-start GC process after invoking AC21? My understanding is that people use AC21 to avoid that. (as long as job duties are same or similar). In any case, one should seek advice from a 'good' immigration lawyer in such matter.

You can use AC21 to change jobs. However, once your dates become current and you apply for I-485 then you intend to go back to the employer who filed your GC. This is the biggest source of confusion and I wanted OP to know about it.

If the original employer cancels I-140 then the original employer has no intention of continuing the old job and cannot be used for EB GC. In this case the new employer has to file PERM and I-140.
03-20-2012, 05:24 PM
vizcard

Quote:

Originally Posted by immi2910

You can use AC21 to change jobs. However, once your dates become current and you apply for I-485 then you intend to go back to the employer who filed your GC. This is the biggest source of confusion and I wanted OP to know about it.

If the original employer cancels I-140 then the original employer has no intention of continuing the old job and cannot be used for EB GC. In this case the new employer has to file PERM and I-140.

http://www.immihelp.com/greencard/ad...-employer.html
03-20-2012, 05:59 PM
suninphx

Quote:

Originally Posted by immi2910

You can use AC21 to change jobs. However, once your dates become current and you apply for I-485 then you intend to go back to the employer who filed your GC. This is the biggest source of confusion and I wanted OP to know about it.

If the original employer cancels I-140 then the original employer has no intention of continuing the old job and cannot be used for EB GC. In this case the new employer has to file PERM and I-140.

OP has already applied for I485. So he can invoke AC21 to join new employer after 180 days. And I don't think there is any need for starting GC process from scratch. If that was the case why this provision in AC21 exists which allows you to change employers?

OP: Please consult with a competent immigration attorney. IMO one would focus more to determine if the new and old job responsibilities are same or similar. Also, let's hear from people who actually have used AC21. I am sure there are plenty of them.
03-20-2012, 06:01 PM
qesehmk

immi2910 - I think you are confusing things.

One can't use AC21 unless "180 days have passed since filing of 485" AND "140 is approved".

When AC21 is not available, the candidate can and should start a new GC process and capture old PD. The candidate can take the risk of continuing on prior employer's GC (and resulting EAD available) prior to 180 days completion but of course the employer can revoke 140.

Quote:

Originally Posted by immi2910

You can use AC21 to change jobs. However, once your dates become current and you apply for I-485 then you intend to go back to the employer who filed your GC. This is the biggest source of confusion and I wanted OP to know about it.

If the original employer cancels I-140 then the original employer has no intention of continuing the old job and cannot be used for EB GC. In this case the new employer has to file PERM and I-140.
03-21-2012, 09:27 AM
GC-Utopic

Quote:

Originally Posted by immi2910

Thanks for the link but I think the situation is slightly different.

However, if I-140 is cancelled as may happen with OP then I believe you cannot use it to file I-485 (since you need a valid I-140 to file I-485).

EDIT: My understanding is based on this news report from Murthy - http://www.murthy.com/mb_pdf/102111_P.html. I may not have understood it correctly. However, they do say it is safer to file PERM and I-140 if you change jobs (you do retain your I-140 PD).

EDIT2: This (http://www.murthy.com/mb_pdf/120911_P.html) news report says it is not possible to apply for I-485 but then AC21 was not invoked in this example.

I think it is safer to just file for PERM and new I140.

Many regulars here hv a pretty good understanding of this, but I am just clearing it for you,

If you are moving to a similar job with an approved I-140 after 180 days of filing I-485, you are delinked from your original I140, it doesnt matter if your previous employer revokes it, thats why you report the job change to USCIS.

What you say does not serve justice to the congress's intent of passing I-140 AC 21 portability by giving equal opportunity as a CP green card where you can switch jobs after sometime of entering if you need to.
03-21-2012, 09:32 AM
iamdeb

What are the options with Approved I 140?
My I140 is approved with PD may 2011 with Company A.If I move to Company B and company A later revokes my I140, what are my options?
03-21-2012, 09:49 AM
raj888

Quote:

Originally Posted by iamdeb

What are the options with Approved I 140?
My I140 is approved with PD may 2011 with Company A.If I move to Company B and company A later revokes my I140, what are my options?

iamdeb,

If you have an approved I140 and have not applied for I485, then you can retain your priority date after the move to B. However you have to restart the GC process, apply perm and i140 again. PD porting works fine as long as Company A does not revoke your I140 for specific reasons of fraud or misrepresentation.
03-21-2012, 01:19 PM
JJcalifornian

If company A revokes your I140, it's going to be a rough ride till you get the I140 PD ported. It is possible to get the PD ported but in most cases it's not that straight forward. You may want to take a look at the trackitt thread copied below. http://www.trackitt.com/forum/viewDi...page/last_page
01-25-2013, 04:33 PM
rita123

Am also in the same boat

I went with option 2 and my previous employer cancelled my I-140 and i filed AC21 before that. But there is no acknowledgement from USCIS on this. Let me which option u went.
01-31-2013, 01:13 AM
ajidan

I am changing jobs. By the time I start the new it will be a year and a half since I filed my I485 so I am assuming AC21 can be applied. What documents need to be provided to USCIS to support the AC21? When do these documents have to be filed? Is there a need to hire an attorney or is the process straight forward?