Please help with my AC21

[suu_1980]

I have been working with company X for a Client Y. Now Client Y has offered me a permanent position.
Company X ( My GC sponsoring company) is a prefered vendor for Client Y, and Client Y has an aggrement with Company X that they can hire anyone they list through a contractor conversion process.

I was talking to an desi attorney in chicago(got reference from a friend) and she told that I should get a letter from Company X(MY GC sponsoring company), that they are letting me go at their own will and they are not going to Sue me in the future.

Has anyone who has applied for AC21 had to get this type of letter from the employer before switching your employer under AC 21 clause.

Both company X and client Y are a big US companies and I am not sure if they will agree for this type of legal document even If I ask for one.

Seniors or others gone through this process please help

[Dane]

Hi,
I am also in somewhat similar situation. Let me also know if you get a response.
Thanx.

[laborvisalaw]

You do not need such letter from Company X, as far as AC21 is concerned. If you qualify to do AC21 transfer, Company X does not need to authorize or otherwise consent your AC21 transfer; although it would still be nice to remain friendly with them.

However, if you have some sort of an agreement with Company X whereby you are required to be employed by them for certain period of time or if you have to repay green card costs if you depart before certain date, then getting such letter may be helpful to you, if Company X is willing to give it to you. But it is not a condition to the AC21 transfer.

[Dane]

Originally Posted by laborvisalaw

You do not need such letter from Company X, as far as AC21 is concerned. If you qualify to do AC21 transfer, Company X does not need to authorize or otherwise consent your AC21 transfer; although it would still be nice to remain friendly with them.

However, if you have some sort of an agreement with Company X whereby you are required to be employed by them for certain period of time or if you have to repay green card costs if you depart before certain date, then getting such letter may be helpful to you, if Company X is willing to give it to you. But it is not a condition to the AC21 transfer.

But when I consulted my friend who is working as HR in a reputed company, he said that we can not take a permanent offer from the client place which was shown by the current employer. This becomes a act of breach and can be sued by the employer. I do not knowhow far that is correct as I am just trying to gather information, as I am in similar situation. Any clarification is really appreciated.

For example my agreement with company is like this
"For a period of twelve (12) months following the project completion date or during the project, the Employee unconditionally agrees not to deal directly, indirectly, or by any other means or accept temporary or permanent employment, either individually or in association with another individual or organization or their client, to whom he/she is assigned for an on-site consulting project"

But I have completed 13 months of project time. Can I take the permanent offer without any issues??

[laborvisalaw]

Unless there is something else in the entire agreement that somehow negates this paragraph, it sounds like you will be in breach of your agreement with Company X if you start working with Company Y 1) withing 12 months following the completion of the project or 2) during the project. The fact that you have worked for 13 months on the project does not release you.

Under these circumstances, yes, you will need to get a release from Company X, otherwise you risk a lawsuit for breach of your agreement.

Note that this is not related to AC21 transfer, it is simply a matter of contract between you and Company X.

Originally Posted by Dane

"For a period of twelve (12) months following the project completion date or during the project, the Employee unconditionally agrees not to deal directly, indirectly, or by any other means or accept temporary or permanent employment, either individually or in association with another individual or organization or their client, to whom he/she is assigned for an on-site consulting project"

But I have completed 13 months of project time. Can I take the permanent offer without any issues??

[suu_1980]

For me I dont have this type of agreement.
I have going through the regular process and my GC sponsoring company have given the approval to the client Y, before they have started this interview process and made me an offer.

laborvisalaw, What are the documentation requirements for AC21?
I dont have my LC ETA form, and I 140 approval but have I 485 reciept. Is that the only thing I need to file for AC 21?

[laborvisalaw]

I would attach the following documents, to the extent available. The list is not set in stone, but shows generally the type of documents USCIS would find helpful in AC21 filing:

- cover letter
- offer from the new company
- paystubs from new employer (if available at time of filing)
- 485 receipt
- 140 receipt
- copy of EAD/AP (if available)

Hopefully this helps. Please let me know if you need assistance with your AC21.

Originally Posted by suu_1980

laborvisalaw, What are the documentation requirements for AC21?
I dont have my LC ETA form, and I 140 approval but have I 485 reciept. Is that the only thing I need to file for AC 21?

[suu_1980]

laborvisalaw,

Actually I need assistance with my AC21, looks like you being an attorney can you please sent me your contact details and your name so that I can contact you directly over the phone.

Also,

I only have partial I140 receipt notice, as my Company's attorney has hidden the Left hand section of I140 receipt ( receipt no, notice date etc). Is it essential to send I 140 notice to USCIS.
I have EAD, but dont have AP approval yet, so can I sent only AP reciept notice for AP as a part of documentation proof.

[suu_1980]

laborvisalaw,

Also another question..What is the right time to file AC 21.

Is it 1 month after joining the new Company, or Should I file my AC 21 immediately after getting an offer from the new Company?

My new employer is also willing to wait for next couple of months for me to avoid any complications because of AC 21.
My priority dates are March, 2005 and I 485 recieved date of Jul 2, 2007.

So Should I wait for my GC before making a move to new company or should I do that right away?

[TheRealCanadian]

Originally Posted by suu_1980

Is it essential to send I 140 notice to USCIS.

No, it is not necessary. USCIS knows what your I-140 number is.

So Should I wait for my GC before making a move to new company or should I do that right away?

If you wait for the GC you will need to stay at your petitioning employer for some period of time after GC approval since you have stated your intent to work for them at GC approval. if you want to switch jobs, you may be best doing it before GC approval via AC21. Whether you formally inform USCIS is up to you - it too is not required.

[Dane]

Originally Posted by suu_1980

laborvisalaw,

Actually I need assistance with my AC21, looks like you being an attorney can you please sent me your contact details and your name so that I can contact you directly over the phone.

Also,

I only have partial I140 receipt notice, as my Company's attorney has hidden the Left hand section of I140 receipt ( receipt no, notice date etc). Is it essential to send I 140 notice to USCIS.
I have EAD, but dont have AP approval yet, so can I sent only AP reciept notice for AP as a part of documentation proof.

Hi laborvisalaw,

Let me also know your details. i may also need help.
Thank You