Gurus, Please Help!...

[Venu123]

Hi Guys,

I plan to switch employers shortly. I filed for I-485 in Feb 2002.

Here are my questions -

1. How do I submit AC21 documentation (what forms, what supporting documents, which address to mail to etc). Where do I get these details?

2. Should the AC21 forms, be submitted only by an attorney --OR-- can I file it myself?

3. How long does typically INS take, to process AC21 documents (from the date of receipt in the mailroom)

4. I might be getting my GC in another 3-4 months. Would AC21 affect(help or worsen) the remaining part of my adjucation process??

Please advise.

Thanks for your time and efforts.

Venu.

[eternity]

Answers:

1. There is no "FORM" for AC21. All you can do is send a letter
to INS indicating job change although it is "NOT" Necessary.
2. Not applicable
3. Not applicable
4. People have been approved after changing jobs with or
without informing INS

Best thing is to wait for an RFE and handle it that way...

[Venu123]

Guys,

Do you have a format of the letter, that one should write to INS informing of the employer change (usage of AC21).

Please reply.

THanks

Venu.

[GCSeekerInd]

Venu123,

This should be of help.

Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission
Applicant:
Case#: EAC-02
Alien#:

Dear Sir or Madam:

This letter is in regards to the I-485 application for adjustment of status filed on my behalf.

On January DD, 2002, my I-485 application was filed based on an approved I-140 by my former employer, ABC, Inc. In Aug/Sept 2002, I began lawful employment with XYZ Inc, pursuant to the Employment Authorization Document (EAD) issued on my behalf in conjunction with my I-485 application. I am currently employed in the same field as my previous employer, ABC Inc., and in a similar position.

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. (Attached for your reference are relevant portions of AC21.) In Aug/Sept 2002, pursuant to these guidelines, I changed employers from ABC Inc. to XYZ Inc, as my I-485 had been pending beyond the 180-day period required by law.

In light of the above, I maintain that I have lawfully changed employers pursuant to the AC21 statute, and that my I-485 application remains valid. I respectfully request that your office should adjudicate my I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.

[Venu123]

Hi GCSeekerInd,

Thanks so much, for your help.

Could you also let me know, where I can get the AC21 provision excerpt from

Venu.

[Venu123]

Gurus,

Where can I get the "official copy" of the AC21 provision.

Thanks

Venu.

[jaxen]

I tried to upload it, apparently ran out of bandwidth (2M file). here is the pdf file available for download
http://www.isn.org/
click on INS guidance on AC21! and click on memo...

[jaxen]

bump down