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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #16  
Old 08-01-2008, 04:47 PM
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ebizash,
You have your own attorney to process AC-21? right and it so happened that the job duties in the advertisement happened to match?

The emp. verification letter you got... did they HR just put whatever was in the initial job advertisement?

thx
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  #17  
Old 08-01-2008, 04:48 PM
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Default ebizash

Dude
You are awesome man, your approach is simple and makes lot of sense. Good luck in your new job.
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  #18  
Old 08-01-2008, 04:53 PM
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That is pretty much what I did too.

Remember the initial recruiters are not the ones who will ultimately check your eligibility. So when they ask you, just say you do not need sponsorship. If they probe further, tell them you have a GC.
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  #19  
Old 08-01-2008, 06:10 PM
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Originally Posted by sundarpn View Post
ebizash,
You have your own attorney to process AC-21? right and it so happened that the job duties in the advertisement happened to match?

The emp. verification letter you got... did they HR just put whatever was in the initial job advertisement?

thx
As I said, spend some money to get peace of mind. The attorney that filed my entire GC was from my old company but just for comparing the two job duties, I paid about $600 to an attorney. The 2 job duties do not match 100%, in fact that is a big mis-conception that they HAVE to match. The broad interpretation of AC-21 guidelines is that as long as the 2 jobs are in same field / skill, they are similar.

Since the attorney said that the 2 job descriptions are "similar", I didn't ask HR to alter anything in the EVL.

Hope it helps!
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  #20  
Old 08-01-2008, 07:38 PM
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Quote:
Originally Posted by kaisersose View Post
That is pretty much what I did too.

Remember the initial recruiters are not the ones who will ultimately check your eligibility. So when they ask you, just say you do not need sponsorship. If they probe further, tell them you have a GC.
Never lie about these things. You never know what grief it may cause down the line. Instead come up with a simple one sentence answer that is both accurate and actually answers their query. For example, you could say, I have an EAD that allows me to work for any employer during the processing of my GC.
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Good Luck!
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  #21  
Old 08-01-2008, 07:47 PM
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Very Informative post

Quote:
Originally Posted by ebizash View Post
I recently switched to a Fortune 10 company from a Fortune 100 company and these are 10 steps that I took -

1. In the first HR call -
HR - Are you authorized to work for <company name>
Me - Yes, I am currently authorized to work for any employer.
HR - Will you need H1 sponsorship in future?
Me - No
Bottom Line - Why give them more info than they ask for or can understand.

2. Went thru 4 more interviews, Technical, as well as HR - No question asked around status or work authorization.

3. Got the offer letter.

4. Sent offer letter and job description to my attorney and asked them to expedite the review and just give me one of the 2 answers - Yes or No. I told the attorney that I don't want to hear - "ask the HR to change your job description or title" as I knew they won't - No big company will.
Bottom Line - Spend some money (for good attorney) and hold them accountable for the money. Some people suggest that send job description to attorneys before even interviewing to make sure it is same or similar. My view is - if I did that for every freaking interview, I will go bankrupt and THEN for sure I will get stuck in name check

5. Attorney said the 2 jobs were similar and that I don't have to file AC-21. They recommended to respond to RFE, if any in future.

6. Accepted the offere, resigned from old job (2.5 week notice and told my boss I will give him free weeknight/weekend support for another another 2-weeks if needed) , joined the new one.

7. First day at work, while filling I-9 HR lady asked for documents and I gave her my EAD. She made copies, noted the expiry date on the EAD and told me that I will need to give her copy of the renewed EAD or GC before the current expiry date.

8. After about 3-weeks, I asked HR to give me an employment verification letter including my start date, title, salary, 40-hour week thingy and job duties (for sponsoring visitor visa of my family).

9. Gathered the last 2 pay checks of old company, first 2 pay checks of new company, copies of approved labor, approved I-140 and receipt notice of I-485, Copy of current EAD and AD, Old job description, new job description, new offer letter AND most importantly - Exit interview print out where I mentioned that I was leaving the job because of Economic and downturn concerns in <industry>. Also my attorney had asked me to put a document together around the job search. I put all these documents in an envelope and labeled as "Answer to potential AC-21 RFE".

10. Enjoying my partial freedom with the new job.
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  #22  
Old 08-02-2008, 12:47 AM
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Does any one have a good reference for a good law firm that has experience dealing with employees in accounting / audit field? I wanted to hire a law firm to get advice on 'same or similar job' for AC 21.

Suppose an attorney say that the new job position is same or similar to current job than is it safe to join new job on EAD and let go the H1B?

Thanks!!
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  #23  
Old 08-02-2008, 01:45 AM
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Default look at my post here guys..

http://immigrationvoice.org/forum/ne...reply&p=258936

This is what i did. this is just my thoughts and my situation.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #24  
Old 08-02-2008, 01:47 AM
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Default continuation..

new employer asked the same question...
r u eligible to work for any employer? answer is yes
do u require sponsorship - no.
do u have greencard? i have EAD.
provide us a copy of EAD? and I did and I am in the new job.

I did this for the past 2 jobs. no issues so far. Dealing with RFE is a future thing...who knows what tomorrow holds right?? when you can smell freedom, enjoy it..
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #25  
Old 08-02-2008, 02:10 AM
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Quote:
Originally Posted by fuzzy logic View Post
Does any one have a good reference for a good law firm that has experience dealing with employees in accounting / audit field? I wanted to hire a law firm to get advice on 'same or similar job' for AC 21.

Suppose an attorney say that the new job position is same or similar to current job than is it safe to join new job on EAD and let go the H1B?

Thanks!!
Any one has any suggestions here???
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  #26  
Old 08-02-2008, 06:45 AM
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Quote:
Originally Posted by kumaabh View Post
Recently i went for an interview for exactly the same title and same job description as my labor. This is a big healtcare software company which is publicly traded in NASDAQ. Everything went well..The technical interview was going awesome until the final interview when the vice president of the business unit asked me "whether i was a citizen or a permanent resident".
At that point of time i had to tell him that i was neither and that i was on EAD and planning to use AC-21. I dont think he understood. They still havent responded to me about their hiring decision.

I am confused. I cant lie to companies about my status. What should we do if we get asked? Any inputs..
when the VP of the business unit asks, simply say your permanent residency application is still being processed by the USCIS, until taht comes through USCIS has provided you with employment authorization and you can work for any employer in the US without the need for sponsorship or any legal paperwork on their part.

When your immediate manager asks, then you can say that you will need an employment verification letter describing your job duties at some point, otherwise your GC application is all set, just pending.
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  #27  
Old 08-09-2008, 10:47 AM
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Quote:
Originally Posted by gcgreen View Post
Never lie about these things. You never know what grief it may cause down the line. Instead come up with a simple one sentence answer that is both accurate and actually answers their query. For example, you could say, I have an EAD that allows me to work for any employer during the processing of my GC.
Another way to phrase that could be: I have unrestricted ability to work and do not need any immigration sponsorship.
__________________
;frankie was there. Continues to be there with monetary contributions. Do support IV and don't shut the door behind you.
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  #28  
Old 08-09-2008, 03:18 PM
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Default

Quote:
Originally Posted by kumaabh View Post
Recently i went for an interview for exactly the same title and same job description as my labor. This is a big healtcare software company which is publicly traded in NASDAQ. Everything went well..The technical interview was going awesome until the final interview when the vice president of the business unit asked me "whether i was a citizen or a permanent resident".
At that point of time i had to tell him that i was neither and that i was on EAD and planning to use AC-21. I dont think he understood. They still havent responded to me about their hiring decision.

I am confused. I cant lie to companies about my status. What should we do if we get asked? Any inputs..
You should not lie.

If you believe you did not get that job because you are not a US citizen or permanent resident, you should speak up. It is illegal for an employer to deny employment based on citizenship or immigration status, as long as you are legally present and have valid work authorization. You can call the OSC hotline for advice. Its free.

http://www.usdoj.gov/crt/osc/

One might argue that the employer will just find other reasons for not selecting an employee. Why burn the bridges? It is not worth it.
If you believe something is not right, you have a moral obligation to speak up. There are ways you can do it politely, respectfully and without burning bridges. Even if you don't get that job, at least nobody in the future will face the same situation with that employer.

Here is one example of a conversation with a recruiter :

....
Recruiter> Do you need sponsorship?
Me> I have work authorization. I am authorized to work for any employer. I am not sure what you mean by sponsorship.
Recruiter> Do you need H1 visa?
Me> No
Recruiter> Do you have a green card or are you a US citizen?
Me> Does this job require security clearance?
Recruiter> No
Me> Oh, maybe I am confused, is this job available only to citizen of some countries?
Recruiter> No no, we need to make sure that we have proper paperwork and that you are eligible to work.
Me> I am legally present in the US and have a valid work authorization. I can provide the necessary documents required for Form I-9.
....

... I later got an offer from that employer.
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