All about AC21

[harapatta]

Team...need your help to make some decisions...i been offered a quality mangers job in same organization but in different location( SC to TX) , currently i report to quality manager. My responsibilities, role and salary will increase significantly in the same field. i have filed my i-485 on 03/02/2012 , is it safe to take the job after waiting for 180 days ? thanks...

[qesehmk]

I think so. AC21 applies after 180 days. All the best.

Team...need your help to make some decisions...i been offered a quality mangers job in same organization but in different location( SC to TX) , currently i report to quality manager. My responsibilities, role and salary will increase significantly in the same field. i have filed my i-485 on 03/02/2012 , is it safe to take the job after waiting for 180 days ? thanks...

[harapatta2012]

I applied for I485 in Jan 2012 and ist already 180 + days. I ahve EDA/AP. I did recieve RFE on I485 which was replied 40 days ago. I havent heard anything since and online status shows 'RFE review'. I was told that there is no way to find whats going on with RFE, if worked on or already case is pre-adjudicated. Only if there is issue they might say something.
Question:
-Is the option on not working (not employed, layoff) when I have RFE a possibility? Or does it require a person to have pre-adjuicated to be able to stay in this country unemployed?

[harapatta2012]

Anybody? Will Appreciate the reply.

[indiani]

AC21 question:

My 485 filed in april 2012 under EB2I with nov 2007 PD and I am with same sponsoring employer A, if I leave my job now and send AC21 letter with future job offer from company B with intent of joining future job only after getting GC as the GC is for future job after approval, will there be any problem

so is it ok not to work for the company B right now from whom I plan to get a letter for AC21 and start working after GC

[isantem]

AC21 question:

My 485 filed in april 2012 under EB2I with nov 2007 PD and I am with same sponsoring employer A, if I leave my job now and send AC21 letter with future job offer from company B with intent of joining future job only after getting GC as the GC is for future job after approval, will there be any problem

so is it ok not to work for the company B right now from whom I plan to get a letter for AC21 and start working after GC

Why would you invoke AC21 if you will not work at the new company until you get your GC?

[indiani]

Lets say the current employer sends request for withdrawl of h-1 or 140 or both.
In that case if they don't have any other information about future employer on file they might just deny. or send NOID ,

on the other hand if my PD becomes current in august/sept and somehow they do not get any withdrawl request by then from my employer then I think I may be better off just sending any AC21 letter and wait for GC then start new employment (in that case self employment) ., not sure whether legally it will safe

[Kanmani]

Lets say the current employer sends request for withdrawl of h-1 or 140 or both.
In that case if they don't have any other information about future employer on file they might just deny. or send NOID ,

on the other hand if my PD becomes current in august/sept and somehow they do not get any withdrawl request by then from my employer then I think I may be better off just sending any AC21 letter and wait for GC then start new employment (in that case self employment) ., not sure whether legally it will safe

indiani, the following USCIS memo was an interim memo, I haven't verified if it was added to the Adjudicator's Field Manual or not.

"Question 8. Can an alien port to self-employment under INA §204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

http://www.uscis.gov/USCIS/Laws/Memo...ntrm122705.pdf

[indiani]

indiani, the following USCIS memo was an interim memo, I haven't verified if it was added to the Adjudicator's Field Manual or not.

"Question 8. Can an alien port to self-employment under INA §204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

http://www.uscis.gov/USCIS/Laws/Memo...ntrm122705.pdf

Thanks, i saw this memo before. I have no immediate plans of porting at this time but want to get ready for august bulletin when it almost certainly be known whether i would get GC this fiscal year.
If answer is NO, I want to get prepared for the back up plan as the current job is just too difficult to continue in the long run and also I am not tied to anything in the place I am living in

[indiani]

AC21: key points I heard from my attorney,

1. Self-employment is just as good .
2. No need for AC21 documents to be sent if staying in the same area.(even tough i plan to send if I make a move as its safer based on experience of previous applicants who received denials/NOIDs)
3. Its better to move now to new job (self) or other employer rather moving immediately (2-3 months) after GC.

I perhaps disagreed with the last point with attorney as with Nov 2007 EB2I, i think it might be less risky
to change job 3 months after GC rather than sending AC21 and risking delay in my case approval as most experts believe that I will be current this fiscal year.

Moreover after AILA meeting, my attorney will contact me immediately regarding whatever info they get from CO about PD movements

[harpreetbhatti]

Hello Experts, I am switching job and will be joing new employers on EAD, my H1-B with current employer is valid through mid, 2021. My I-485 is pending since April, 2012 with EB2-I priotiy date of Jul 28th, 2009. My question is do I need to do anything else other than using my EAD to fill in new I-9?

Thanks!

[imdeng]

When I was in your situation, I did not do anything - just joined using EAD to file I-9. Only other thing you can do is file a I-485-Supp-J, although the consensus seems to be to do that when you get an RFE for that. That is what I did.

Hello Experts, I am switching job and will be joing new employers on EAD, my H1-B with current employer is valid through mid, 2021. My I-485 is pending since April, 2012 with EB2-I priotiy date of Jul 28th, 2009. My question is do I need to do anything else other than using my EAD to fill in new I-9?

Thanks!

[suninphx]

When I was in your situation, I did not do anything - just joined using EAD to file I-9. Only other thing you can do is file a I-485-Supp-J, although the consensus seems to be to do that when you get an RFE for that. That is what I did.

As USCIS has formalized process with a specific form now, it would be prudent to file 485J when you change the jobs , IMO.

That might save you time down the line when dates are current.