AC21Case approved

[rich_kennedy]

Hello all

I changed jobs after 6 months of filing for 140/485 whe neither was approved.In Dec 2004 I received approvals for both.

My Q is that is it too late to file for AC21 or should I even be bothered about it?

My lawyer never mentioned this to me especially now that I have gotten my approval. I know for a fact that my original company will not try to revoke my I140.

What do you think? If I should file the AC21 what documents are required and how should I go about doing it?

Thanks

Rich

[desiyaar]

Attached are the Relevant portions of AC21 and Aug 03 memo from Yates.

From the memo as attached on bulletin board::
"The memo states:

The AC21 106(c) provides that the [labor] certification or [Form I-140, Immigrant Petition for Alien Worker,] approval … shall remain valid when an alien changes jobs, if (a) a Form 1-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and (b) the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made"

Seems like one can use AC21 without having approved I140. Am I correct in that interpretation?

[desiyaar]

[it_pro77]

Hi folks,
Iam I/T professional working as consultant for the most part of my career so far,
My Eb2 RIR I-140/485/AP/EAD were filed in 10/08/2004 to Vermont center by a
small 100 + employees Indian company. Got approved AP/EAD on 11/2004.
No finger print notice yet. though i got finger printed in 04/2004 when i
applied H-1B Visa stamping.

1. Is this normal NO FP notice yet, what do i need to do wrt to that?

2. I am working with a good client on 6 month to hire position,
and with a good american consulting company as a preferred vendor
which pays $$ on time, the client expects me to join them as an employee
after 07/2005 like i mentioned above my I-140 applied in 10/2004 and is
pending, the current processing date for EB2 I-140 is 02/2004,
Is there any good chance my I-140 gets approved by 07/2005 or
little after that?

3. I have another offer, this is a pure consulting assignment
the preferred vendor to this client is an indian company who likes to
pay atleast 45 days LATE and My company wants to charge me 4%
more on the billing rate and pay me 4% LESS $$ but ON TIME.
should i consider this assignment? instead of changing companies
while GC is in process and the risk of getting delayed and
put up with this desi indian companies till my GC approves?

Please help me decide, tell me what you would do in my situation ?
Please respond to me at the earliest as i need to decide soon,
I dont have much time at my disposal.

Thank you very much in advance,
it_pro77@yahoo.com

[jd_mass]

Hello,

I recently got approval for my I-140. I may consider switching jobs via AC21. I know that I can do so only 180 days after my I-485 application was made.

My question is that can my current company revoke my I-485 application?? In other words, if they are not happy with me moving to another job based on AC21, can they ask USCIS to withdraw my I-485 application?

My information is in the signature below.

Good luck to everyone.

[ajju15]

My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.

[ptlsb]

My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.

All you need is the employment verification letter from the company that offered you the Job.

[1victim]

hmd,

first of all, thank you for your effort to post the valuable information.
What did you mean AC21 "Approved" ? Do you get a case number or something? did you get a letter back from USCIS ? Or is it published somewhere ??

Answers greatly appreciated.

[ajju15]

As per my Labor (ETA 750A), the job title was “Project Leader”. My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back.

I have got an offer from new employer (my current client). The offered compensation is better than now (also around 30 % more than mentioned in ETA 750). But they have very generic job title (with different levels) and the offered title is “Application Developer”. They are willing to put the job role from my Labor Application (ETA 750A) on Employment Verification Letter. In fact they are ready to mention in the letter that their “Application Developer” title is equivalent to “Project Leader” title and I will be working in the same role (joining the client) after the change.

My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?

Any clarification from experienced people will be really appreciated. Thanks in advance.

[hmd]

That is pretty questionable. It is safe to change the job after your 140 is approved and after 180 days of I485 fifling so that even if your past employer tries to invoke the I140 your I485 is still valid

[hmd]

hmd,

first of all, thank you for your effort to post the valuable information.
What did you mean AC21 "Approved" ? Do you get a case number or something? did you get a letter back from USCIS ? Or is it published somewhere ??

Answers greatly appreciated.

AC21 case approved means i have used AC21 (21 st century american Competetiveness Act ) while my employement based GC is in process.

I had my I140 approved and applied my i485 without my employer knowledge and changed the jobs after 180 days of I485.

If you change the jobs after 180 days of your I485 then you are using AC21 law.

[hmd]

As per my Labor (ETA 750A), the job title was “Project Leader”. My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back.

I have got an offer from new employer (my current client). The offered compensation is better than now (also around 30 % more than mentioned in ETA 750). But they have very generic job title (with different levels) and the offered title is “Application Developer”. They are willing to put the job role from my Labor Application (ETA 750A) on Employment Verification Letter. In fact they are ready to mention in the letter that their “Application Developer” title is equivalent to “Project Leader” title and I will be working in the same role (joining the client) after the change.

My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?

Any clarification from experienced people will be really appreciated. Thanks in advance.

check the job codes in DOL website and compare them ...sorry i don' thave the url's will try to get them

[ptlsb]

check the job codes in DOL website and compare them ...sorry i don' thave the url's will try to get them

Gurus please respond quickly, I filed for AC21 on the Feb 15, 2005 10:55 AM.

THe status on my case is not updated yet. Is that something that has to be considered or not.

Should i have to send them again.

Please advice so that i will be rescued from the clutches of my Employer.

[G L]

Thanks HMD for posting the information that we all might benefit from! Truly appreciate it!

1. My question is that if I switched a company located in Maine to a company located in CA, do I have to switch the INS center from CSC to TSC?

2. Also, do I have to reapply 485/AP/EAD using a new lawyer? or I should continue with the old 485 filed with old employer? The old lawyer might have fiduciary duty to the old employer.

3. What is FOIA? I also don't have the approved Labor so that I don't know my job title or job description. How can I obtain it from some source without letting my employer know?

TIA! Your answer is truly appreciated!
GL

[1victim]

AC21 case approved means i have used AC21 (21 st century american Competetiveness Act ) while my employement based GC is in process.

I had my I140 approved and applied my i485 without my employer knowledge and changed the jobs after 180 days of I485.

If you change the jobs after 180 days of your I485 then you are using AC21 law.

hmd,

Thanks for the reply.

1Victim.

[ptlsb]

hmd,

Thanks for the reply.

1Victim.

You said you applied for AC21 after 180 days of 485. After you have applied for AC21 did the case status got updated. Is there a LUD on your case.

Please let me know as my case did not get updated after i applied for AC21.

Your expert comments are much awaited.

[hmd]

Thanks HMD for posting the information that we all might benefit from! Truly appreciate it!

1. My question is that if I switched a company located in Maine to a company located in CA, do I have to switch the INS center from CSC to TSC?

2. Also, do I have to reapply 485/AP/EAD using a new lawyer? or I should continue with the old 485 filed with old employer? The old lawyer might have fiduciary duty to the old employer.

3. What is FOIA? I also don't have the approved Labor so that I don't know my job title or job description. How can I obtain it from some source without letting my employer know?

TIA! Your answer is truly appreciated!
GL

You don't have to swtch by your selves but once you inform CIS then they will trnasfer the file to CSC from VSC

You don't have to reapply for 485 but if you AP and EAD are expiring then you have to reapply them. Once you change your employer and if you have informed CIS about the job change then your I485 is processed under new employer. You can hire a new lawyer by your self or you can use your new company's lawyer if they provide one.

FOIA is freedom of information Act which was passed in congress after watergate scandal in 70's ( after nixon resigned as a president) . You can obtian any documents from GOvt agency as long as they are not classified.
If you have your I140 receipt no then you use FOIA saying that you want approved/pending I140 along with underlying Labour certification.

If not then if you have to apply it at the respective DOL . If your state labour is from maine then DOL would be from Boston.

[hmd]

You said you applied for AC21 after 180 days of 485. After you have applied for AC21 did the case status got updated. Is there a LUD on your case.

Please let me know as my case did not get updated after i applied for AC21.

Your expert comments are much awaited.

Nope my LUD didn't change but after i gave my finger prints my LUD changed.

Don't worry your time will come.

[I140helppls]

hmd .
i am about to change jobs using AC21 and thinking abt sending in all paperwork myself.
1. How do i make sure that all future RFE's come to me and dont go to my lawyer .How do i remove his name from my application.
2. I need to apply for EAD/AP renewal too. I plan on doing that myself too.

when accepting employment what should i tell the company if they ask me what i might need from them .i have told them EVL. is there something else i need to tell ?
also whats the best way to ask them to include the lines of my job desc from my labor in their offer ....

[cantstopme]

Here is what I am doing

I have copied the ones off the labor, twisted them a bit and since my title is different, the new company's lawyer mentions that on the EVL. I have requetsed them for the EVL as well so I can make sure IT LOOKS as i want it

See the below for my details
http://immigrationportal.com/showthread.php?t=166049

I believe EVL is all you need from your employer, If you need a sample send me a PM and ill email it to ya !

hmd .
i am about to change jobs using AC21 and thinking abt sending in all paperwork myself.
1. How do i make sure that all future RFE's come to me and dont go to my lawyer .How do i remove his name from my application.
2. I need to apply for EAD/AP renewal too. I plan on doing that myself too.

when accepting employment what should i tell the company if they ask me what i might need from them .i have told them EVL. is there something else i need to tell ?
also whats the best way to ask them to include the lines of my job desc from my labor in their offer ....

[I140helppls]

thx
i notice that u have used FOIA. how long did it take to get all details back. was it only 15 days as per ur signature. which service center is ur case in.

[hmd]

hmd .
i am about to change jobs using AC21 and thinking abt sending in all paperwork myself.
1. How do i make sure that all future RFE's come to me and dont go to my lawyer .How do i remove his name from my application.
2. I need to apply for EAD/AP renewal too. I plan on doing that myself too.

when accepting employment what should i tell the company if they ask me what i might need from them .i have told them EVL. is there something else i need to tell ?
also whats the best way to ask them to include the lines of my job desc from my labor in their offer ....

You have to send a letter to CIS stating that your present lawyer is no longer is representing you and you are representing yourself.

You can apply for EAD/AP renewal by yourself. Joyd has posted sample letters for that in EAD thread i think

EVL is fine. nope not for Ac21. Tell them that you need the job description to be mentioned in the labor. Usually this conversation happens with the HR ppl. so talk to the respective HR person and explain to her/him why you need the Job desc to be same as the one in Labor. Usually if you explain to them sayign that you are doing the same job they will agree to. You can also suggest to her/him that she canverify that with their lawyer (company lawyer) which should not be a problem

[I140helppls]

thx hmd. did u send a letter to service center for G28 revocation of ur original lawyer.
also since i am sending ac21 and my case is at CSC and i am getting new job in florida ... will it 100% transfer my case to TSC.

[hmd]

thx hmd. did u send a letter to service center for G28 revocation of ur original lawyer.
also since i am sending ac21 and my case is at CSC and i am getting new job in florida ... will it 100% transfer my case to TSC.

Nope i hired a lawyer for my I485 sicne i was filing it by my self ( without the company knowledge) so he did send out G28 form .

most likely..

[sapphire75]

congrats hmd...
i have a question, so what happens if you change jobs and your new job is in a different service center...say ur i-485 was filed at NSC and then your new job is in CSC area.
what happens to your case....does it get transfered...and if it does what are the consequences.
thank you

[BanglaBabu]

Dear HMD,

I got an RFE asking for EVL. Mine is an AC21 Case and I submitted the AC21 letter from Employer and LUD changed on 3/11. Do you have any Idea, how many days it takes before they make a decision on the my 485? The LUD did change 2 times after they received the reply to the 485 RFE but no more since 3/11. Mine is EB2(PD 1/22/02) with 485 RD 07/14/03. LUD changed once before in Feb as I completed my 2nd FP.

[1victim]

Dear HMD,

I got an RFE asking for EVL. Mine is an AC21 Case and I submitted the AC21 letter from Employer and LUD changed on 3/11. Do you have any Idea, how many days it takes before they make a decision on the my 485? The LUD did change 2 times after they received the reply to the 485 RFE but no more since 3/11. Mine is EB2(PD 1/22/02) with 485 RD 07/14/03. LUD changed once before in Feb as I completed my 2nd FP.

BanglaBabu,

did you get RFE after you sent a AC21 letter ?

You said you applied for AC21 after 180 days of 485. After you have applied for AC21 did the case status got updated. Is there a LUD on your case.

Please let me know as my case did not get updated after i applied for AC21.

Your expert comments are much awaited.

ptlsb,

I am just about to send AC21 letter with all reqd. copies. Its been only one month since I switched, I also got an appnt for FP next week. So kind a keeping my fingers crossed.

[raaj97]

Hmd,
Your postings about AC21 from all the angles are really awesome and most informative. They give lot of confidence and clears any doubt one may have who wishes to use AC21. Hats off to you hmd. Million thanks for the incredible info.

I am planning to use AC21 and your postings really boosted my confidence level, believe me. You posted different letters like Cover Letter, Supporting Letter, Employment Verification Letter and other AC21 attachments. How should I send all these letters, I mean in one single cover?
Is there any specific title or heading need to be written on the cover in bold letters like AC21 and case number?
Also how sure we are that these letters will go into our files which give adjudicators the information about our AC21 usage. Please apologize if my questions appear to be childish?

Also with me are my wife and my kid I-485s pending, do I need to include their cases too in AC21? Which letter exactly I should mention about my family's details informing to USCIS.

Your reply and inputs would be greatly appreciated.
Thnx

[hmd]

Dear HMD,

I got an RFE asking for EVL. Mine is an AC21 Case and I submitted the AC21 letter from Employer and LUD changed on 3/11. Do you have any Idea, how many days it takes before they make a decision on the my 485? The LUD did change 2 times after they received the reply to the 485 RFE but no more since 3/11. Mine is EB2(PD 1/22/02) with 485 RD 07/14/03. LUD changed once before in Feb as I completed my 2nd FP.

there is no specific time . It depends on case by case basis(or shall we say depends on the Immigration officier who is handling your case). Did you submit the copies of the recent paystubs along with yout EVL ?

Don't worry your time will come.

btw i have no idea nor for that matter i don't know anybody who can give you exact time frame . Based on the recent past it it is not very long ( one to two months)

sit tight and relax..

[hmd]

Hmd,
Your postings about AC21 from all the angles are really awesome and most informative. They give lot of confidence and clears any doubt one may have who wishes to use AC21. Hats off to you hmd. Million thanks for the incredible info.
I am planning to use AC21 and your postings really boosted my confidence level, believe me. You posted different letters like Cover Letter, Supporting Letter, Employment Verification Letter and other AC21 attachments. How should I send all these letters, I mean in one single cover?
Is there any specific title or heading need to be written on the cover in bold letters like AC21 and case number?

Put everything in a single cover and write the following on the top of the cover Sub: Ac21 for 'your name' with receipt no 'I485 receipt no', your wife's name and receipt no and your kid's name and receipt no.

Also how sure we are that these letters will go into our files which give adjudicators the information about our AC21 usage. Please apologize if my questions appear to be childish?

you are asking a question which i cannot answer because it is CIS and there is no tracabilty. Sometimes after they receive your Ac21 papers your LUD might change sometimes it may not.just send the papers and wait. don't worry no question is childish on this forum.

Also with me are my wife and my kid I-485s pending, do I need to include their cases too in AC21? Which letter exactly I should mention about my family's details informing to USCIS.
Your reply and inputs would be greatly appreciated.
Thnx

yes you should include them and mention them in the cover letter.Attach the copies of the both the I485's. In the cover letter item 8 is your wifes I485 receipt and for you item 9 would be copy of your kid's I485 receipt