AC21Case approved

[Hamilton]

I changed job before 140/485 current filing 180 days due to ex-employer layoff. My attorney recommends I do not file AC21 until I get RFE.
My question is if I go to the final step of interview someday, would the officer check my employment status and ask me why I am not filing AC21? In that case, would the office give me a RFE right away or send it to me after the interview? Or how would the office do if she/he knows I did not file AC21?

If my current company is under a different processing center (say Nebraska)than the original center (say CSC), would my cased be transferred to Nebraska?


My lawyer insists responding to RFE later is better than filing AC21 now. I am still debating.

[sd70]

Hi hmd, friends,

I have some cofusion please help me to solve. Well I laid off from company A just after 2 days of my I140 approval and pending I485(more than 180 days). I had another H1B with another company. I joined them but after few days , less than one month after joing of company B got a permanent job offer from company C. It's a totally startup company. They are not going to support my GC and only thing they can give me is EVL. And I have to join them with EAD. In company C my job is totaly similer as LC but position name is Sr. and different and salary 20% more than LC.

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?

Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?

It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?

Please reply.
Thanks.
sd70

[sd70]

Hi hmd, friends,

I have some cofusion please help me to solve. Well I laid off from company A just after 2 days of my I140 approval and pending I485(more than 180 days). I had another H1B with another company. I joined them but after few days , less than one month after joing of company B got a permanent job offer from company C. It's a totally startup company. They are not going to support my GC and only thing they can give me is EVL. And I have to join them with EAD. In company C my job is totaly similer as LC but position name is Sr. and different and salary 20% more than LC.

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?

Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?

It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?

Please reply.
Thanks.
sd70

anyone please give some opinion.

[RatherGetShot]

HMD,

Thank you for taking the time and trouble to put all this information down. It answered a lot of my questions and I can see the information is invaluable to a lot of people on this board.

I have a couple of questions of my own. I'd appreciate it very much if you could reply when ever time permits.

a) Did you use a lawyer for filing any of these documents?
b) How did you obtain the details of your LC? Some people have said use FOIA - but how? Who should I contact?


One question in general for everyone here:
I see that many of you are from TSC, VSC and CSC - but no one from NSC. NSC is generally known to be rather draconian in its interpretations of these laws. Does anyone here know of any adverse adjudications of AC21 cases - or of approvals of AC21 cases at the NSC?

Look forward to your replies.

Regards,
RGS.

[hmd]

1.yes i did

2. i used FOIA get the form for FOIA form g-639and go from there..

http://uscis.gov/graphics/aboutus/foia/request.htm

[hmd]

Hi hmd, friends,

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?
Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?
It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?
Please reply.
Thanks.
sd70

1. EVL should be fine..look for the format and contents for the EVL at hte begining of this thread
2. Better to to send copies of the paystubs.
3. Well do you have any choice. i would send this after joining the company C. I sent mine after one month of joining the new company..if still not sure consult a lawyer...

[G L]

hi hmd,

Do you know how long did it take to get the document back from VSC via FOIA? I need to get my original ETA750A and 750B, possibly 140 as well. But don't know how long it takes.

1.yes i did

2. i used FOIA get the form for FOIA form g-639and go from there..

http://uscis.gov/graphics/aboutus/foia/request.htm

[hmd]

10 to 12 weeks usually

[pvsramu]

Hi hmd,

I would like to file for AC21. In your first post, you have addressed your EVL to Sandra T. Bushey(acting center director). Can we still file AC21 addressing to Sandra Bushey? or to service center director?

[bobmano]

Could someone please post the correct address to the different service centers.

I'm planning to file my AC-21 with NSC and i dont seem to find the address anywhere.

[jomhel01]

FYI

For all AC21 ability to pay issue is not really a problem, for my experienced. My sister got her EB3 approval 06/30 & she uses AC21, because once you received a RFE letter they will check in your history on your SSS# where you worked..My sister didnt even bother to send the AC21 upfront or the lawyer didnt send any letter stating about using AC21, but just waited for RFE letter..

If the RFE contains/asking for the following:

>letter from current employer stating for interest on continued hire, date of hire, numeration,prospect.

>w2/ income statement(paystub)/scheduele tax

>i-693 (medical)

My lawyer then made the letters signed by the current employer not (the petitioner) with the promised of her salary earning 55% less to make it of the actual LLC required of 34.99 per hour with benifits & a continued permanent job.The job must be similar/same..

[be_positive]

USCIS has issued guidelines not to ask for pay related information nor to issue RFEs for ability to pay for AC21 cases. I got my MTR filed for 485 denial and my attorney had drafted EVL without pay information. He did not even seek a copy of Paystub. They care only about the job description which should match your job profile on the LC.

[Hamilton]

I was laid off before 140 approval and 485 pending for 180 days.
After the 180 days, my 140 approved. Currently 485 is still pending.

Am I eligible for AC21? My lawyer insists I am eligible under the new memo. But I am not quite sure. Please help. Thank you.

[Shudigidi]

Hi Gurus,
I need your help here. I work for company A and filled I140/I485 (Did not file EAD/AP) through company B for future employment after getting my LC approval. I have not worked for company B till date. If my I140 is approved and and I have passed limit of 180 days of filing, can I use AC21 ? Do I ever have to work for company B after filing AC21 or getting GC ? I have always maintained my H1b status with Company A. If I140 is approved and I havent worked for Company B, can this company affect my I485 processing or Greencard if its approved ?
Thanks a lot.

[hmd]

Hi hmd,

I would like to file for AC21. In your first post, you have addressed your EVL to Sandra T. Bushey(acting center director). Can we still file AC21 addressing to Sandra Bushey? or to service center director?

Doesn't matter really that is how my HR wanted to do . You can address it to either

[spinus]

Can you please advise me in the following situation:
I filed for I-140 and I-485 concurrently on March 29 2005. My I-140 is approved and I haven't completed 180

days since filing of I-485. Am I eligible to switch the employers at this point? If eligible, what are the

risks involved in it?
I would really appreciate if you could provide me with any suggestions.

Thanks in advance,
SPinUS

[Babu71]

Hi HMD,

I have all the documents for invoking the AC-21 but don't have a copy of the LC approval. WIll that affect in getting my AC-21 approved? Please let me know !!

Thanks,
Babu71.

[Hamilton]

I had a hard time obtaining the LC certificate too. The lawyer saide that I would be ok without LC certificate, as long as I have job description, salary, etc ... in the LC application.

Try ask the lawyer FAX you a copy of LC certificate.

[satish0207]

Gurus,

I am transferring from Company A to Company B using AC21 for next 4-5 months and willing to join Company C (I am working with Company C on 1099 as a part time).I am in 4th year of H1b with Company A.

Is it possible for me to transfer my H1 from Company A to Company C without transferring to Company B. Since I will be working with Company C for long time, I want to maintain AC21 and H1 (as a backup ).

Thanks in Advance,

Satish

[dec2004filer]

Has anyone used AC-21 for self employment? Please share your views or exp.

http://uscis.gov/graphics/lawsregs/h...ntrm051205.pdf

Question 8. Can an alien port to self-employment under INA § 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

[nother1inline]

Has anyone used AC-21 for self employment? Please share your views or exp.

http://uscis.gov/graphics/lawsregs/h...ntrm051205.pdf

Question 8. Can an alien port to self-employment under INA § 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

If you are a programmer and you start your own company and do programming for it - are you then classified as a programmer or an owner?!

[ysilay]

MY I-140 IS APPROVED, WAITING FOR I-485 APPROVAL, I AM IN THE PROCESS OF CHANGING JOBS...

MY QUESTION IS

DO I NEED TO REPORT THE CHANGE OF JOB BY USING AC-21 EVEN IF I AM EB-2 NIW...PLEASE ADVISE...IF I DON'T AND GOT AN RFE FOR I-485 HOW SHOULD I RESPONSE?

THANKS A LOT

[assur]

MY I-140 IS APPROVED, WAITING FOR I-485 APPROVAL, I AM IN THE PROCESS OF CHANGING JOBS...

MY QUESTION IS

DO I NEED TO REPORT THE CHANGE OF JOB BY USING AC-21 EVEN IF I AM EB-2 NIW...PLEASE ADVISE...IF I DON'T AND GOT AN RFE FOR I-485 HOW SHOULD I RESPONSE?

THANKS A LOT

AC21 is likely a subset of NIW. The NIW itself is a big rule, so you should not worry about AC21.

[mmt]

Hi HMD,

I am planning to file AC21. My filing is from VSC.
On new company letterhead for employement verification , is the same name Sandra T. Bushey that I have to specify OR any other differnt immigration officer.
I am confused and please help me out here.

[ON COMPANY LETTERHEAD]

Date

Sandra T. Bushey
Acting Center Director
U.S. Citizenship & Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, Vermont 05479-0001

[hr0803]

Find the Deputy Center Director/Acting Center Director names from these links for each service center.

NSC: http://uscis.gov/graphics/fieldoffic...ka/aboutus.htm

TSC: http://uscis.gov/graphics/fieldoffic...as/aboutus.htm

CSC: http://uscis.gov/graphics/fieldoffic...ia/aboutus.htm

VSC: http://uscis.gov/graphics/fieldoffic...nt/aboutus.htm

[Sh_Ad]

Worked for Company A & comp A sponsered GC.
Transferred H1 to Comp B & started working. Comp B did 7th year extension based on Comp A's pending 140/485.
If 140 approved. 485 pending for 180 days.

questions:
1. Can I use AC21 & stay with Comp B?
2. since I am working for Comp B on H1, do I need to inform USCIS to use AC21.
3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?

Thanks
Sh_Ad

[ksanil23]

My case is like this:
EB3 category
PD Oct'2002
I-140 aprooved: Oct 2004
I-485 Interview done at Newark in oct 2005, but haven't got my passport stamped for 485 because my PD is not current, immigration officer advised that I can get my passport stamped when the date becomes current. Officer stamped: Interview Conducted, awaiting PD in my passport.
Now I want to change my employer, since my interview is already done, do I still need to file AC21.

I will greatly appreciate help in this matter.

[Ray S.]

If you are a programmer and you start your own company and do programming for it - are you then classified as a programmer or an owner?!

your job profile should be the same. you cannot be an officer in the company as someone who manages the company 'cause then your job profile is different.

[ZKHAN]

AC21 Question

--------------------------------------------------------------------------------

Can anyone tell me what kind of document one needs from the new employer after changing jobs. Does one need tax return or any financial documents from the new employer?? I got the offer letter. I am going to mail the offer letter and the change of job notification letter to the local office. I have worked for a long time time with my original employer(a lot longer than 180 days).

[Srinixx123]

Hi,
I just received an approval email for our I-485.

I have changed the company before my I-140 is approved and 485 has been pending <180days(yes less than). I did inform USCIS after 140 is been approved and 485 is pending more than 6 months.
I just saw an update yesterday and today, followed by bunch of emails.

On June 20, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

PD: Feb 2002
140/485 Concurrent: Nov 2004
140: AD April 2005
485: AD June 20 2006