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Thread: AC21-with Career Progression

  1. #1

    Lightbulb AC21-with Career Progression

    I need some advice from the gurus and others on this forum. Please move my question to appropriate location if it does not belong here.

    Company A filed for my GC (PD July 2009), I filed I-485 on Feb 2012, then used AC21 to move to company B on March 2013 (after 1yr and 1 month). Things were not working out very well at company B, primarily because they have very limited work (I sit idle most days and charge overhead). So fairly recently, I started proactively looking again (dreading they may lay me off because of no work). Now, I have gotten an offer from company C.

    The job profile with company C will be very similar (Civil/Environmental Engineer) to job profiles from company A and B, but the position will be a higher position due to the years of progressive experience gathered (6 years) being taken into account. Also, the position designation will be different as well (Principal Engineer with company C, while Engineer with Company A). Will this be an issue down the line if I submit a new AC21 and decide to take the position with company C?

    any advice, suggestions and recommendations are deeply appreciated.

  2. #2
    AC_1980 - welcome to forum. I think there shouldn't be any problems. I myself went from an analyst to director while GC was filed. So progressive experience in the same field is accepted. Designation doesn't matter. I am 99.99% confident that it would work out well with you too.

    Since USCIS doesnt require filing of AC21 I would advise you not to file AC21. Don't do "Aa bail mujhe mar" !!! All the best!!

    Quote Originally Posted by AC_1980 View Post
    I need some advice from the gurus and others on this forum. Please move my question to appropriate location if it does not belong here.

    Company A filed for my GC (PD July 2009), I filed I-485 on Feb 2012, then used AC21 to move to company B on March 2013 (after 1yr and 1 month). Things were not working out very well at company B, primarily because they have very limited work (I sit idle most days and charge overhead). So fairly recently, I started proactively looking again (dreading they may lay me off because of no work). Now, I have gotten an offer from company C.

    The job profile with company C will be very similar (Civil/Environmental Engineer) to job profiles from company A and B, but the position will be a higher position due to the years of progressive experience gathered (6 years) being taken into account. Also, the position designation will be different as well (Principal Engineer with company C, while Engineer with Company A). Will this be an issue down the line if I submit a new AC21 and decide to take the position with company C?

    any advice, suggestions and recommendations are deeply appreciated.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  3. #3
    Q,
    Thank you for the advice, I really appreciate it. I spoke with my lawyer and she hinted along similar lines, the only thing she said that slightly scared me was the fact that the job description between company A and company C should be similar, but it does not have to be an exact match. As I mentioned, the job description will be very similar, although there will be some items additional due to the fact that now there is 6+years of experience into this mix.

    About your AC21 comment, are you suggesting not to file AC21 this time or that i should not have filed AC21 to being with (when I moved to company B)? Let us suppose if I do not file AC21, and then 1-2 years down the line when my PD is current and USCIS sends me a RFE asking for latest pay stubs (or some other document related to my job with company A), wouldn't that get me into trouble?

    thanks again Q, I have followed this forum since mid 2011 and have learned quite a bit about the immigration process by reading posts from you and other members of this forum. This is actually my second post (first posted on the EAD thread about 5 months ago), but I do appreciate the welcome note.

  4. #4
    Q,
    Thank you for the advice, I really appreciate it. I spoke with my lawyer and she hinted along similar lines, the only thing she said that slightly scared me was the fact that the job description between company A and company C should be similar, but it does not have to be an exact match. As I mentioned, the job description will be very similar, although there will be some items additional due to the fact that now there is 6+years of experience into this mix.

    About your AC21 comment, are you suggesting not to file AC21 this time or that i should not have filed AC21 to being with (when I moved to company B)? Let us suppose if I do not file AC21, and then 1-2 years down the line when my PD is current and USCIS sends me a RFE asking for latest pay stubs (or some other document related to my job with company A), wouldn't that get me into trouble?

    thanks again Q, I have followed this forum since mid 2011 and have learned quite a bit about the immigration process by reading posts from you and other members of this forum. This is actually my second post (first posted on the EAD thread about 5 months ago), but I do appreciate the welcome note.

  5. #5
    Quote Originally Posted by AC_1980 View Post
    Q,
    ..the only thing she said that slightly scared me was the fact that the job description between company A and company C should be similar, but it does not have to be an exact match. ..


    .. 1-2 years down the line when my PD is current and USCIS sends me a RFE asking for latest pay stubs (or some other document related to my job with company A), wouldn't that get me into trouble?
    On job description - I think you are covered well. Additional items shouldn't be a problem. That indicates progressive position in similar field.

    On RFE - there won't be any RFE on company B once you move to C. USCIS only cares about future employment and so the most they will ask is current paystubs from then current employer.

    Good luck!
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  6. #6
    Q,
    I have one last question for you, while your GC was being processed, did you go from an analyst to director at the same company, or different companies (using AC21)?

  7. #7
    And also, deeply sorry for posting my original question if it did not belong here, please move to suitable location as you deem appropriate.

  8. #8
    Q, sent you a private message, please share your thoughts. Thanks

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