Wednesday, March 31, 2010

Do I need to file an AC21 letter when I change jobs?

USCIS does not require you or the new employer to notify CIS if you change jobs and intend to use AC21 portability. Immigration attorneys are divided on whether filing such a letter is useful. It may prevent a Request for Evidence (RFE) later, but this is unlikely. CIS often sends RFEs in long-pending adjustment cases asking for an updated employment letter. Sending an AC21 letter at the time of the job change will probably not prevent such an RFE. 

Filing an AC21 letter at the time of job change may raise more questions than it answers, so I do not strongly recommend it. However, if a client prefers to send a letter, of course I will do that.

More important than notifying CIS is ensuring that the two positions are the same or similar BEFORE making any job change.

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For more AC21 information, including links to USCIS guidance memos, see here.


Photo by http://www.flickr.com/photos/84299143@N00/2448562117/.

2 comments:

  1. Well what can i say you are my favorite attorney :-)

    ReplyDelete
  2. Thanks! Please tell your friends.....

    ReplyDelete