AC21Case approved

[hmd]

Folks i did inform USCIS about my job change

case details

http://boards.immigration.com/showth...660#post988660

below are the DOC's i sent to CIS.

Cover Letter

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission for "Your name" Receipt No EAC-xx-xxx-xxxx (A# xxx xxx xxx) and Derivate Applicant ""Your wife's name Receipt No EAC-xx-xxx-xxxx (A# xxx xxx xxx)


Dear Sir/Madam:
Enclosed please find supporting letter for change of employer under American Competitiveness in the Twenty-First Century Act of 2000 (AC21) along with the supporting documents as stated below for "Your name" for Form I-485
Receipt No EAC-xx-xxx-xxxx (A# xxx xxx xxx).

1. Supporting Letter
2. Employment Verification Letter from New Employer (Name of the employer).
3 Copies of the Pay stubs from new employer (i sent two pay stubs (one month)
4. Relevant portions of AC21
5. Memo on August 4 th 2003 from William R Yates
6. Copy of I-485 filing receipt notice for your name
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for your wife's name

I hope the enclosed documents will comply with the required information needed to make an expedited decision on my Form I-485. If you have any questions or need additional information concerning the above, please do not hesitate to contact me.

Thank you in advance for your kind attention and cooperation in this matter.

Sincerely,
Name, address and Phone no

[hmd]

Supporting Letter

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission
Applicant: Your name
Receipt Number#: EAC-xx-xxx-xxxx
Alien#: A xxx-xxx-xxx

Dear Sir/Madam:

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

On Date, my I-485 application was filed based on pending Form I-140
by my former employer, XXX Inc with Receipt Number EAC-xx-xxx-xxxx.My I140 was approved on Date. On Date, I began lawful employment with XXX 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, XXX Inc in a similar position and with same job duties. (Attached for your reference is Employment Verification Letter from XXX Inc)
The American Competitiveness in the Twenty-First Century Act of 2000 AC (21) 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.) On Date, pursuant to these guidelines, I changed employers from XXX Inc. to XXX Inc, as my I-485 had been pending beyond the 180-day period required by law.
According to the Memo released by William R Yates on August 4 th 2003 the I-140 is valid if it is approved and form I-485 has been pending for more than 180 days even when the employer withdraws the approved Form I140. (Attached for your reference is the Memo on August 4 th 2003 from William R Yates)
In light of the above, I maintain that I have lawfully changed employers pursuant to the American Competitiveness in the Twenty-First Century Act of 2000 (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.
Thank you in advance for your kind attention and cooperation in this matter

Sincerely
Name , Address and Tele phone no

[hmd]

EMPLOYEMENT VERIFICATION LETTER


[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


Re: Employment Verification for YOUR NAME


Dear Ms. Bushey:

This letter is to verify that NEW COMPANY Inc. seeks to employ YOUR NAME as OF [INSERT DATE] as a TITLE (NOT SAME AS LC). His annual salary will be $ xxx,xxx. ( ALMOST 70 % MORE THAN MENTIONED SALARY IN LABOUR)

The duties of the TITLE position at New Company , Inc. are consistent with those described in the Application for Alien Employment Certificate filed by Old employer , Inc. on Mr.LAST NAME’s behalf and, subsequently approved by the Department of Labor on DATE. They include JOB DUTIES ( IN MY CASE THEY WERE WORD TO WORD MATCH FROM LABOUR.)

Although his employment is at will, this is a regular full-time position. We expect to continue to utilize his skills in this position after approval of his form I-485

If any additional information is required, please contact me at NO.


Very truly yours,

NEW COMPANY , Inc.


NAME
Senior Employment Specialist

[hmd]

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

[sunderGC]

Congrats hmd,

You are my man. Just yesterday I think two other AC21 cases got approved. Now you are the third.

Wiating for my turn hope it comes soon.

Thanks for sharing all the details. This can be a true role model case for others. Thanks a million

Keep visiting here and keep connected.

[hmd]

Originally Posted by sunderGC

Congrats hmd,

You are my man. Just yesterday I think two other AC21 cases got approved. Now you are the third.

Wiating for my turn hope it comes soon.

Thanks for sharing all the details. This can be a true role model case for others. Thanks a million.

your welcome and thanks

Originally Posted by sunderGC

Keep visiting here and keep connected.

sure like i said on the other thread what will i do when i have some "spare time" at work

[I140helppls]

hmd.
is the salary also a big consideration when using AC21. I mean if salary is 10% less then is it an issue.

[hmd]

Originally Posted by I140helppls

hmd.
is the salary also a big consideration when using AC21. I mean if salary is 10% less then is it an issue.

There is no hard fast rule about salary for Ac 21 because there is no mention of salary in yates Aug 03 memo nor in Ac21 rule. Usually higher salary should not be an issue, as per less salary i think as long as it is not significantly less then i think it should be ok. 10% less should be ok in my opinion but it might be at the discretion of that particular adjucator ( who is assigned to your case)

[I140helppls]

hmd.
i dont have my labor copy and it might be 1-2 mths before i get details back from FOIA.
i am preety sure that my job title is software programmer ...
i am getting/might get a job as programmer analyst .. Now in the job desc ... i dont know what was written on my labor .. frankly speaking i dont really think that a change in job desc really matters after all i will still be working in IT as programmer analyst ..
what are ur thoughts... ??i think i am preety safe on using AC21 but want to make sure i am not overlooking anything

btw.. i feel that my duties on ETA750B should actually be similar to the job desc that might be mentioed on 750A .. do u agree?

[hmd]

Originally Posted by I140helppls

hmd.
i dont have my labor copy and it might be 1-2 mths before i get details back from FOIA.
i am preety sure that my job title is software programmer ...
i am getting/might get a job as programmer analyst .. Now in the job desc ... i dont know what was written on my labor .. frankly speaking i dont really think that a change in job desc really matters after all i will still be working in IT as programmer analyst ..
what are ur thoughts... ??i think i am preety safe on using AC21 but want to make sure i am not overlooking anything

well i know where your are coming from. Technically what your are saying is true and the problem with Ac 21 rule or yates memo is that there is no specificity about the job title and job description.As per the title i think your are ok.

Now the question is Job desc i think as long as it is similar/samethen it is ok as per the memo. The questions is what is "similar" from what i have seen so far the adjucators are pretty liberal with job description. so in your case since it is in IT and it should fall under simialr category

Originally Posted by I140helppls

btw.. i feel that my duties on ETA750B should actually be similar to the job desc that might be mentioed on 750A .. do u agree?

i went back looked at the labour app (to answer some other thread).

The labour app is two parts.

PART A

Part A has 24 items including declarations. In Part A item 13 is where the job description is listed. Item 14 is about education and item 15 is other specific requirements. I think these are the most important items in the app.

This Part applicants/employess won't see it because it is filled by the law office and signed by the employer.

Part B . This is what is usually sent to applicants/employees and asks them to fill out the education qualifications(Item 11) and Work experience .(Item 15a to 15f) and sign them . You have to sign at two places each on the second and third page of the part B

I think this is what you have part B . Usually what most ppl/lawyers do is they will take the experience in 15a and paste it on Item 13 on Part A becuase Item 15 a on Part B is supposed to be your latest experience which is ususally your present job description at the time of labor filing.

so answer to your question is Yes. It will be similar if not the same ( i think it could be the same as 15a Part B)

i think Part A item 13 is what probabaly gets looked at unless the adjucator is patient enough to look part b too.

The reason for the long answer it is meant for the other folks,i could have answered your question in one sentence.

Remember only when you inform CIS about the job change then only your app is under Ac21. if not it is still through your past employer unless they issue an RFE/NOID because of revoking of I140 , which at that time leaves you no choice but to invoke Ac 21

[I140helppls]

Thanks hmd. Nice to know that I was thinking correctly. This leads to me another question though
1. All people who say that they have got the same job desc with their new employer could u pls come forward and tell us whether u got this job desc
from ETA 750A or the latest work exp. defined in Item 15 of part ETA750B.

HMD: BTW mine is a labor sub case and my item 15 of part B says something like 'Enter program codes into computer systems, Interpret program codes in computer systems and figure problems, work on database related systems.. I mean very general.....

[hmd]

Originally Posted by I140helppls

Thanks hmd. Nice to know that I was thinking correctly. This leads to me another question though
1. All people who say that they have got the same job desc with their new employer could u pls come forward and tell us whether u got this job desc
from ETA 750A or the latest work exp. defined in Item 15 of part ETA750B.

HMD: BTW mine is a labor sub case and my item 15 of part B says something like 'Enter program codes into computer systems, Interpret program codes in computer systems and figure problems, work on database related systems.. I mean very general.....

why don't you try to get Part A through FOIA and try to get to same/similar job description .

[I140helppls]

hmd. i am doing that but it will take 2-3 months from CA i am assuming.
i am just thinking that what if i get a good offer prior to that time frame .i am 100% sure that my job title is software enginner/computer programme ... so programmer analyst etc will work ....

i was just curious whether all the people had access to their ETA750A. if not , i mean if they were really talking abt the ETA 750B part for getting similar job desc, that makes me feel much better since i have that..

btw ... thx for your continuous replies and help.

[shankar123]

Hi hmd,
Do you know how to contact VSC via phone?
shankar123

[hmd]

Originally Posted by shankar123

Hi hmd,
Do you know how to contact VSC via phone?
shankar123

1-800-375-5283

https://egov.immigration.gov//cris/jsps/index.jsp

i would also check the FAQ'a thread in VSC I140 Forum for any other info like this

[sizzu]

Hi,

My case was filed concurrently. My PD : 4/2003.

I-140 got approved 6 months back. Can I use AC-21 if i want to change jobs because my case was concurrent filing.

Thanks
Sri

[ginnu]

Originally Posted by sizzu

Hi,

My case was filed concurrently. My PD : 4/2003.

I-140 got approved 6 months back. Can I use AC-21 if i want to change jobs because my case was concurrent filing.
---YES if your I-485 is pending more than 180 days and you get Same/Similar job and new employer is ready to give you letter of future permanent job offer in same/similar job duties as on approved LC to use AC21. you dont need theAC21 letter the day you join but better ask the new employer if they are ready to give you that letter.
Thanks
Sri

[Inrisk]

Another AC21 case approved....

SC : VSC
PD : Apr 2002
485 ND : Nov 2003
485 AD : 12/29/2004

Thank you all for your valuable support!!

[rapalasa]

Hi hmd,
How soon did you file for an AC21 after quitting the old employer? Is this mandatory to apply for AC21 or we can still continue working on EAD though you quit the old employer and continue the processing as is with the old employer info. Please let me know.
Thanks,
Raj

[Inrisk]

Actually I waited till I got my first paystub. I attached a copy of my pay stub, my AC21 request letter and a letter from my company stating my job description to the CIS.

Even though you dont need to let them know, I was pro-active in sending them to the CIS, just to be in the safer side. Lots of people got their 485 approved with out any RFE and with out letting know the CIS that they switched their jobs.

In my opinion, sending those letters will not harm your processing by any chance. It MAY save an RFE.

[Boddam]

I- 485 Transferred to PHILADELPHIA, PA from Vermont on Oct26, 2004, My I-140 is approved on 2003 January. Any information regarding Philadelphia interview dates...In my message it is saying like this.....

“We transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in PHILADELPHIA, PA for them to schedule and conduct your interview. Scheduling can take several months. Our office in PHILADELPHIA, PA will notify you when they schedule your interview or take other action on your case.”

Is there any chances with out interview also approval, is any one happened like that.

Please let me know any information if any one knows. Thank you.

[hmd]

Originally Posted by rapalasa

Hi hmd,
How soon did you file for an AC21 after quitting the old employer? Is this mandatory to apply for AC21 or we can still continue working on EAD though you quit the old employer and continue the processing as is with the old employer info. Please let me know.
Thanks,
Raj

after one month was waiting for Paystubs

no it is not mandatory nor required but is advised. Yes you can do that as long as your old employer is gonna support you. The reason for informing CIS about AC21 is that if incase your old employer tries to withdraw your approved I140 then it won't be valid. (i mean the I140 is still valid.)

Even if you don't inform CIS about AC21 and if your old employer tries to withraw your I140 then they will send an NOID on your I485 then you can reply to that saying that you are eligible for AC21 and are using it.

[SSV3273]

Change of Employers AC21 Act
-----------------------------------

Hi,

I need more info on what needs to be done to change employment. Here are my details:

LC AD : Feb 2003
I-140 & 485 (Cocurrent filing) RD: May 2004
I-140 A.D: Dec 2004
EAD & AP A.D : July 2004
I-485 A.D: Wanted it yesterday

Is it OK for me to change employment now? I heard that since my 140 was approved after 180 days of 485 on file, it is not good for changing employment. Can anyone clarify this for me plz?

Also, what needs to be taken care for changing employment?

1. Position Desc: My labor says as 'Programmer Analyst', my new job is 'Enterprise Arch'.

2. Salary: Can it be more or what are the factors?

3. 485: 485 is not pending for more than 180 days after 140 approval. Both of them were filed 9 months ago and got 140 approval recently.

4. AC 21: I heard that AC21 is not an application to be approved, but just letting the USCIS know about the change in employment. Is there any 'Approval' or 'Denial'?

5. If at all the AC 21 is denied, what happens to my status? Will I be losing both my 140 and 485?

6. What if the previous employer tries to withdraw the 485 and 140 after I leave?

7. What would be the safest way to change the employment?

Thanks,

SSV

[pvsramu]

I am in the same boat. Can someone please respond.

[voldemarv]

Originally Posted by SSV3273

Change of Employers AC21 Act
-----------------------------------
I-140 & 485 (Cocurrent filing) RD: May 2004
I-140 A.D: Dec 2004

Is it OK for me to change employment now? I heard that since my 140 was approved after 180 days of 485 on file, it is not good for changing employment.

---Yes, you can change employer now because your 140 is approved and 485 pending for more than 180 days.

Also, what needs to be taken care for changing employment?

1. Position Desc: My labor says as 'Programmer Analyst', my new job is 'Enterprise Arch'.

---The job description should be the same as in LC

2. Salary: Can it be more or what are the factors?

---Should not be less than LC.

3. 485: 485 is not pending for more than 180 days after 140 approval. Both of them were filed 9 months ago and got 140 approval recently.

---485 should be pending for 180 days (from receipt day) and 140 approved.

4. AC 21: I heard that AC21 is not an application to be approved, but just letting the USCIS know about the change in employment. Is there any 'Approval' or 'Denial'?

---You even can not inform USCIS about changing employers. But some lawyers advice to write a letter.

5. If at all the AC 21 is denied, what happens to my status? Will I be losing both my 140 and 485?

--It's not an application

6. What if the previous employer tries to withdraw the 485 and 140 after I leave?

---I485 is yours, employer can't withdraw it. He can withdraw 140, but if 485 is pending for more than 180 days - you are safe.

[letgetgc2005]

Here are the Info you are lookng for VSC

800 375 5283
Option 1 then 2 then 6 then 1 then 3 then 4.

Just keep follow the message, u can get there.

[Greeny]

Hi voldemarv
Does that mean, Employer caNNot withdraw i-140 if its is past 6 month after filing i-1485?

No need to worry about previous employer withdrawing i-140 when applicant is on AC21?

Thanks
Greeny

[voldemarv]

Originally Posted by Greeny

Does that mean, Employer caNNot withdraw i-140 if its is past 6 month after filing i-1485?
---No, employer can withdraw I-140. But due to AC21 USCIS will continue to process I-485 application.

No need to worry about previous employer withdrawing i-140 when applicant is on AC21?
---Yes

If you are not sure check with good lawyer. I'm just a programmer

[Greeny]

Thanks

[beejay31]

Can any one help? I understand that its best to infofrm INS, now my I-140 was approved in Dec '04 and was concurrent file. If i move jobs and wait for a pay stub and during that time I-485 gets approved, what happens? Cause I would have left my old employer and already with new, isn't it better to inform INS as soon as u get offer from new employer, that way theres no probs?