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Notify USCIS if You wish to Change Jobs Under the AC-21

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  • Notify USCIS if You wish to Change Jobs Under the AC-21

    A question frequently asked is whether a person with a pending I-485, Application for Adjustment of Status, should notify the USCIS if s/he wishes to change jobs or employers under the American Competitiveness in the Twenty First Century Act (AC21)'s portability provisions.

    The answer has been that it is that the AC21 law does not specifically require this, it is the safest course in most cases. The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case.

    The NOIR was based upon failure to notify the USCIS of an AC21-qualifying position. Rescission is an action on the part of the USCIS to take back an approved green card. It can be based upon mistake, fraud, or similar matters. This action is rarely taken since it has serious adverse legal consequences and the USCIS is required to follow certain due process procedures.

    There have not been any new USCIS or DHS memos on this topic or other announcements that warrant an increase of this step for failure to notify the USCIS of a change in employers or jobs under AC21's portability provisions.

    The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases. - www.greencardapply.com/news/news07/news07_1123.htm



    Peter
    www.greencardapply.com
    www.greencardfamily.com

  • #2
    A question frequently asked is whether a person with a pending I-485, Application for Adjustment of Status, should notify the USCIS if s/he wishes to change jobs or employers under the American Competitiveness in the Twenty First Century Act (AC21)'s portability provisions.

    The answer has been that it is that the AC21 law does not specifically require this, it is the safest course in most cases. The wisdom of this practice was confirmed again recently in a Notice of Intent to Rescind (NOIR) on an approved permanent residence (I-485) case.

    The NOIR was based upon failure to notify the USCIS of an AC21-qualifying position. Rescission is an action on the part of the USCIS to take back an approved green card. It can be based upon mistake, fraud, or similar matters. This action is rarely taken since it has serious adverse legal consequences and the USCIS is required to follow certain due process procedures.

    There have not been any new USCIS or DHS memos on this topic or other announcements that warrant an increase of this step for failure to notify the USCIS of a change in employers or jobs under AC21's portability provisions.

    The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases. - www.greencardapply.com/news/news07/news07_1123.htm



    Peter
    www.greencardapply.com
    www.greencardfamily.com

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