AC21 job change question
Mar 29th 2005, 10:24 am
#1
Guest
Posts: n/a
AC21 job change question
Hello wise friends,
I am about to interview for a contract to hire position. Would that be
allowed under AC21? The way this contract to hire is being conducted
is that the recruiting firm will hire me and contract me out to a big
company. After 3-5 months, the big company will have the option to add
me permanently to their payroll.
Would USCIS have an objection to that? Keep in mind that I am
expecting my green card interview within a couple of months.
Any guidance would be appreciated.
Thanks in advance.
I.
I am about to interview for a contract to hire position. Would that be
allowed under AC21? The way this contract to hire is being conducted
is that the recruiting firm will hire me and contract me out to a big
company. After 3-5 months, the big company will have the option to add
me permanently to their payroll.
Would USCIS have an objection to that? Keep in mind that I am
expecting my green card interview within a couple of months.
Any guidance would be appreciated.
Thanks in advance.
I.
Mar 29th 2005, 4:55 pm
#2
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: AC21 job change question
Originally Posted by Shogran
Hello wise friends,
I am about to interview for a contract to hire position. Would that be
allowed under AC21?
---- if your I-140 is approved and I-485 is pending more than 180 days and new Employer is Ready to give you a future Permanent job offer letter in same /similar job duties as on approved LC then you can use AC21 and can update USCIS. They Employer need to give you Permanent job offer letter to use AC21
The way this contract to hire is being conducted
is that the recruiting firm will hire me and contract me out to a big
company. After 3-5 months, the big company will have the option to add
me permanently to their payroll.
Would USCIS have an objection to that?
Keep in mind that I am
expecting my green card interview within a couple of months.
------ I will wait for my GC Interview and after approval of GC then I will think of changing employer
OR
Change the employer now and employer shold be ready to give you future permanent job offer letter so that you can take that letter at the time of Interview+ 3-4 recent pay stubs through new employer and request for AC21
Please remember that when you use AC21 for new employer X your Intent is to work with that employer on permanent basis, if you change the employer next day after getting GC it may be discoverd as "fraud". Many lawyers say that after GC you need to work with the same employer minimum 6 months to be safe( whose job offer letter is base of I-485 approval)
Any guidance would be appreciated.
Thanks in advance.
I.
I am about to interview for a contract to hire position. Would that be
allowed under AC21?
---- if your I-140 is approved and I-485 is pending more than 180 days and new Employer is Ready to give you a future Permanent job offer letter in same /similar job duties as on approved LC then you can use AC21 and can update USCIS. They Employer need to give you Permanent job offer letter to use AC21
The way this contract to hire is being conducted
is that the recruiting firm will hire me and contract me out to a big
company. After 3-5 months, the big company will have the option to add
me permanently to their payroll.
Would USCIS have an objection to that?
Keep in mind that I am
expecting my green card interview within a couple of months.
------ I will wait for my GC Interview and after approval of GC then I will think of changing employer
OR
Change the employer now and employer shold be ready to give you future permanent job offer letter so that you can take that letter at the time of Interview+ 3-4 recent pay stubs through new employer and request for AC21
Please remember that when you use AC21 for new employer X your Intent is to work with that employer on permanent basis, if you change the employer next day after getting GC it may be discoverd as "fraud". Many lawyers say that after GC you need to work with the same employer minimum 6 months to be safe( whose job offer letter is base of I-485 approval)
Any guidance would be appreciated.
Thanks in advance.
I.
Mar 29th 2005, 5:20 pm
#3
Guest
Posts: n/a
Re: AC21 job change question
Shogran wrote:
> Hello wise friends,
>
> I am about to interview for a contract to hire position. Would that be
> allowed under AC21? The way this contract to hire is being conducted
> is that the recruiting firm will hire me and contract me out to a big
> company. After 3-5 months, the big company will have the option to add
> me permanently to their payroll.
>
> Would USCIS have an objection to that? Keep in mind that I am
> expecting my green card interview within a couple of months.
>
> Any guidance would be appreciated.
> Thanks in advance.
>
> I.
Too general a question for us to answer. I am going to assume some
facts; if my assumptions are not correct, then my comments should be
disregarded.
If your GC is based on an approved I-140 from an employer, and if the
I-485 has been pending for six months, then you could change jobs
without invalidating the underlying I-140 or labor cert so long as the
new job is in a "same or similar occupation." This term is not defined
by regulations, so you need to decide how close the two jobs would be.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> Hello wise friends,
>
> I am about to interview for a contract to hire position. Would that be
> allowed under AC21? The way this contract to hire is being conducted
> is that the recruiting firm will hire me and contract me out to a big
> company. After 3-5 months, the big company will have the option to add
> me permanently to their payroll.
>
> Would USCIS have an objection to that? Keep in mind that I am
> expecting my green card interview within a couple of months.
>
> Any guidance would be appreciated.
> Thanks in advance.
>
> I.
Too general a question for us to answer. I am going to assume some
facts; if my assumptions are not correct, then my comments should be
disregarded.
If your GC is based on an approved I-140 from an employer, and if the
I-485 has been pending for six months, then you could change jobs
without invalidating the underlying I-140 or labor cert so long as the
new job is in a "same or similar occupation." This term is not defined
by regulations, so you need to decide how close the two jobs would be.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Mar 30th 2005, 3:10 pm
#4
Guest
Posts: n/a
Re: AC21 job change question
I filed my I-485 nearly 3 years ago, based on an approved I-140.
Maybe I can get the recruiting firm to show I am a permanent employee
of theirs, or maybe I can get the contracting company to show that
they want to hire me permanently after the contract period. Would
USCIS accept that as an acceptable AC21 job change?
My current job and the new job are both in the software field using
nearly the same skill set (though title may be different i.e.
Programmer/Analyst vs. Software Engineer).
Thanks.
I.
On Wed, 30 Mar 2005 06:20:05 GMT, Jonathan McNeil Wong
<[email protected]> wrote:
>Shogran wrote:
>> Hello wise friends,
>>
>> I am about to interview for a contract to hire position. Would that be
>> allowed under AC21? The way this contract to hire is being conducted
>> is that the recruiting firm will hire me and contract me out to a big
>> company. After 3-5 months, the big company will have the option to add
>> me permanently to their payroll.
>>
>> Would USCIS have an objection to that? Keep in mind that I am
>> expecting my green card interview within a couple of months.
>>
>> Any guidance would be appreciated.
>> Thanks in advance.
>>
>> I.
>Too general a question for us to answer. I am going to assume some
>facts; if my assumptions are not correct, then my comments should be
>disregarded.
>If your GC is based on an approved I-140 from an employer, and if the
>I-485 has been pending for six months, then you could change jobs
>without invalidating the underlying I-140 or labor cert so long as the
>new job is in a "same or similar occupation." This term is not defined
>by regulations, so you need to decide how close the two jobs would be.
Maybe I can get the recruiting firm to show I am a permanent employee
of theirs, or maybe I can get the contracting company to show that
they want to hire me permanently after the contract period. Would
USCIS accept that as an acceptable AC21 job change?
My current job and the new job are both in the software field using
nearly the same skill set (though title may be different i.e.
Programmer/Analyst vs. Software Engineer).
Thanks.
I.
On Wed, 30 Mar 2005 06:20:05 GMT, Jonathan McNeil Wong
<[email protected]> wrote:
>Shogran wrote:
>> Hello wise friends,
>>
>> I am about to interview for a contract to hire position. Would that be
>> allowed under AC21? The way this contract to hire is being conducted
>> is that the recruiting firm will hire me and contract me out to a big
>> company. After 3-5 months, the big company will have the option to add
>> me permanently to their payroll.
>>
>> Would USCIS have an objection to that? Keep in mind that I am
>> expecting my green card interview within a couple of months.
>>
>> Any guidance would be appreciated.
>> Thanks in advance.
>>
>> I.
>Too general a question for us to answer. I am going to assume some
>facts; if my assumptions are not correct, then my comments should be
>disregarded.
>If your GC is based on an approved I-140 from an employer, and if the
>I-485 has been pending for six months, then you could change jobs
>without invalidating the underlying I-140 or labor cert so long as the
>new job is in a "same or similar occupation." This term is not defined
>by regulations, so you need to decide how close the two jobs would be.
Mar 30th 2005, 6:48 pm
#5
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: AC21 job change question
[QUOTE=Shogran]
I filed my I-485 nearly 3 years ago, based on an approved I-140.
----------- you are eligible to use AC21
Maybe I can get the recruiting firm to show I am a permanent employee
of theirs, or maybe I can get the contracting company to show that
they want to hire me permanently after the contract period. Would
USCIS accept that as an acceptable AC21 job change?
------ you need to update USCIS with permanent job OFFER letter from new employer in same/similar job duties as on approved LC OR take that letter at the time of Interview and request Local CIS officer to approve your I-485 for new employer and inform him you would like to use AC21
My current job and the new job are both in the software field using
nearly the same skill set (though title may be different i.e.
Programmer/Analyst vs. Software Engineer).
------- on the job offer letter better employer should write the same title and same job duties( i have seen that if the job duties match 70-80% they approve) you can take the help of good lawyer and also can take the lawyer at time of interview
Thanks.
I.
QUOTE]
------------------------------------------
I filed my I-485 nearly 3 years ago, based on an approved I-140.
----------- you are eligible to use AC21
Maybe I can get the recruiting firm to show I am a permanent employee
of theirs, or maybe I can get the contracting company to show that
they want to hire me permanently after the contract period. Would
USCIS accept that as an acceptable AC21 job change?
------ you need to update USCIS with permanent job OFFER letter from new employer in same/similar job duties as on approved LC OR take that letter at the time of Interview and request Local CIS officer to approve your I-485 for new employer and inform him you would like to use AC21
My current job and the new job are both in the software field using
nearly the same skill set (though title may be different i.e.
Programmer/Analyst vs. Software Engineer).
------- on the job offer letter better employer should write the same title and same job duties( i have seen that if the job duties match 70-80% they approve) you can take the help of good lawyer and also can take the lawyer at time of interview
Thanks.
I.
QUOTE]
------------------------------------------
Mar 31st 2005, 11:00 am
#6
Guest
Posts: n/a
Re: AC21 job change question
My i-485 got approved recently and my passport got stamped already.
But I'm no longer working on the sponsoring company because I got laid
off.
Is there still a risk that my GC be revoked?
But I'm no longer working on the sponsoring company because I got laid
off.
Is there still a risk that my GC be revoked?
Mar 31st 2005, 6:43 pm
#7
Guest
Posts: n/a
Re: AC21 job change question
roger wrote:
> My i-485 got approved recently and my passport got stamped already.
> But I'm no longer working on the sponsoring company because I got laid
> off.
> Is there still a risk that my GC be revoked?
>
Risk is quite remote since you were laid off -- obviously it wasn't at
your instigation; therefore little chance that you were committing fraud
at the time you applied.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> My i-485 got approved recently and my passport got stamped already.
> But I'm no longer working on the sponsoring company because I got laid
> off.
> Is there still a risk that my GC be revoked?
>
Risk is quite remote since you were laid off -- obviously it wasn't at
your instigation; therefore little chance that you were committing fraud
at the time you applied.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
