Guidelines and Potential of AC21

[Attorney_22]

This week, the Murthy Law Firm attorneys will answer questions relating to the guidelines and potential of AC21.

 

You can find a related link here: http://www.murthy.com/2015/10/29/murthy-makes-successful-ac21-portability-argument-at-u-s-consulate/     

 

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[gangula_s]

Hello, I received my I-140 approval using EB2 NIW in September 2011, employer sponsored. I continue to work for the same employer awaiting my priority date (PD) to become current. In the meantime can I take a promotion to become a manager of the unit that I am currently working in with the same/similar job duties using AC21. Since I have an approved EB2 under NIW - will promotion and nominal pay increase affect my path to permanent residency when I apply for I-485 as my PD becomes current. Please advise.

[murthyac21]

I changed my employer in 2011. My I-485 was filed in 2007. The new employer did not file AC21. I joined on EAD. Now I've got RFE for employment verification (EVL)and medical for self as well as for spouse. Do I have to send a letter along with the EVL from current employer, that the previous employer has still kept the job open and I don't intend to join that instead I'll continue with my current employer? Also what kind of EVL should be, 1) letter as future employment stating continuing current employment or 2) just current employment? Also SOC code mentioned in labor filed in 2004 was 15-1032-Computer Software Engineers, Systems Software was replaced by 15-1133 Software Developers, Systems Software (new 2010 SOC codes). In the current job SOC code translates to 15-1132-Software Developers, Applications. Do I need to mention these codes while replying to USCIS? The job description substantially remain similar.

[Attorney_22]

Hello, I received my I-140 approval using EB2 NIW in September 2011, employer sponsored. I continue to work for the same employer awaiting my priority date (PD) to become current. In the meantime can I take a promotion to become a manager of the unit that I am currently working in with the same/similar job duties using AC21. Since I have an approved EB2 under NIW - will promotion and nominal pay increase affect my path to permanent residency when I apply for I-485 as my PD becomes current. Please advise.

Unlike the typical PERM green card process where the green card is tied to a specific job/duties, an NIW petition is generally tied to the field of your work or processes you utilize that are in the national interest. Therefore, it will depend on how the NIW petition was drafted to advise you properly. Unless you have an already pending I-485 application the analysis described above is outside the scope of AC21. Please clarify. 

[Attorney_22]

I changed my employer in 2011. My I-485 was filed in 2007. The new employer did not file AC21. I joined on EAD. Now I've got RFE for employment verification (EVL)and medical for self as well as for spouse. Do I have to send a letter along with the EVL from current employer, that the previous employer has still kept the job open and I don't intend to join that instead I'll continue with my current employer? Also what kind of EVL should be, 1) letter as future employment stating continuing current employment or 2) just current employment? Also SOC code mentioned in labor filed in 2004 was 15-1032-Computer Software Engineers, Systems Software was replaced by 15-1133 Software Developers, Systems Software (new 2010 SOC codes). In the current job SOC code translates to 15-1132-Software Developers, Applications. Do I need to mention these codes while replying to USCIS? The job description substantially remain similar.

Based on what we have seen at the Murthy Law Firm, your RFE most likely requests information regarding the current offer your green card is based on, either with the original sponsor or with a different employer/position that qualifies for AC21. Therefore, with your RFE response it is advisable to include an explanation that you are utilizing the provisions of AC21 to port the immigrant offer to a new employer and explain how the new position qualifies for AC21. If you have additional questions it may be best to speak over the phone with one of our attorneys.