Changed Employer - Need Advice Please!!!

[prman]

Ginnu and other gurus, Need your advice Please!!!

I have changed my employer 2 months ago (July 08), My 140 is approved May 2007 and 485 applied July 2007 and already renewed EAD once. I am planning to File AC21 now and AR 11 (Moved to another city in the same State). Below is the the AC21 format, Can you please go thru it and suggest me if any changes required.

I have filed 485 thru an Attorney and signed G-28. The lawyer is an independent lawyer and my previous company (Who filed my GC) is one of his clients. I did not inform yet to my previous employer or my lawyer about my employment change. Please suggest me what should I do? and what should I be talking to my lawyer?

AC21 Format!!!

Date: 09/17/2008

Name : XXXX XXXX
I-485 Receipt # : EAC-xx-xxx-xxxxx
Alien # : xxx-xxx-xxx
Address : My address
Contact : (xxx) xxx-xxxx ( Res )
Bureau of Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Subject : Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

Dear Sir :

This letter is to confirm that I, xxxx xxxx, am currently employed by (My current company) as a Software Engineer . I am currently a consultant and intend to remain with (My current company) indefinitely.

This is to inform that I have a pending I-485 at your center, and I have changed job as provided under the AC-21 law. My application I-140 bearing Receipt # EACxxxxxxxxxx was sponsored by (My Previous Company), and was approved (Date) respectively. I had filed for Adjustment of Status (I-485), which has a Notice Date of (Date).

On (Date of Moving to my current company), well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with a company (Current Company). The position is a fulltime employment, has similar job duties, and offers a pay rate of $$$$$.$$ PA. A letter from my current employer outlining the job duties is included with this letter.

According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).

Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.

Sincerely

PRMAN

Enclosures :
1. Employment Offer/Support letter from My current company
2. Copy of I140 Approval
3. Copy of I485 receipt
4. Copy of the employment authorization

[Jackolantern]

You changed employers 2 months ago, but the former employer does not know? Please clarify.

You need to revoke the G-28 of the former employer's lawyer (I don't know how it is done, search the forum and there may be an answer). Unless you are the one who hired the lawyer.

[ginnu]

Originally Posted by prman

Ginnu and other gurus, Need your advice Please!!!

I have changed my employer 2 months ago (July 08), My 140 is approved May 2007 and 485 applied July 2007 and already renewed EAD once.

I am planning to File AC21 now and AR 11 (Moved to another city in the same State).

--------------------------File AC21 and AR11
Below is the the AC21 format, Can you please go thru it and suggest me if any changes required.
---------------------------------I have read what you wrote. the new employer job offer letter should have"Permanent job offer" and duties should be same/similar. employer letter should have the Date, Date you joined, your job title, your wages, job duties AND Permanent job offer.(I dont know what is on employer letter)

I have filed 485 thru an Attorney and signed G-28. The lawyer is an independent lawyer and my previous company (Who filed my GC) is one of his clients.
----------------------Revoke the G28 filed by past Attorney and hire YOUR lawyer ot let new company lawyer represent you OR if you don’t want to hire your lawyer then revoke G28 and request the USCIS to send any future communication to you directly on your address.

I did not inform yet to my previous employer or my lawyer about my employment change. Please suggest me what should I do?
and what should I be talking to my lawyer?
--------why do you want to talk to past company lawyer???

AC21 Format!!!

Date: 09/17/2008
FROM:
Name : XXXX XXXX
I-485 Receipt # : EAC-xx-xxx-xxxxx
Alien # : xxx-xxx-xxx
DOB:XXXXX


TO,

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

Subject : Request for Processing pending I-485 in Accordance with Section 106(c) of AC21

Dear Sir/Madam :

This letter is to confirm that I, xxxx xxxx, am currently employed by (My current company) as a Software Engineer . I am currently a consultant and intend to remain with (My current company) indefinitely.
***Dont write the word consultant. AC21 is for permanent job offer

This is to inform that I have a pending I-485 reciept #..... at your center, and I have changed job as provided under the AC-21 law. My application I-140 bearing Receipt # EACxxxxxxxxxx was sponsored by (My Previous Company), and was approved (Date) respectively. I had filed for Adjustment of Status (I-485), which has a Notice Date of (Date).

On (Date of Moving to my current company), well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with a company (Current Company). The position is a fulltime employment, has similar job duties, and offers a pay rate of $$$$$.$$ PA. A letter from my current employer outlining the job duties is included with this letter.

According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).

Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.

Sincerely

PRMAN

Signature
Address
Contact : xxx) xxx-xxxx


Enclosures :
1. Employment Offer/Support letter from My current company
2. Copy of I140 Approval (not needed but if you send no problem)
3. Copy of I485 receipt notice
4. Copy of the employment authorization(not needed if send no problem)

*** Most Imp is your employer permanent job offer letter and we dont know what is on that letter.

[prman]

Originally Posted by Jackolantern

You changed employers 2 months ago, but the former employer does not know? Please clarify.

You need to revoke the G-28 of the former employer's lawyer (I don't know how it is done, search the forum and there may be an answer). Unless you are the one who hired the lawyer.

I did not inform my previous employer that I have joined some other company.

[prman]

Originally Posted by ginnu

*** Most Imp is your employer permanent job offer letter and we dont know what is on that letter.

Thanks for your reply, I will make a note of your suggestions. One more thing that I am too much worried about is
1) My Previous company (who filed the greencard) is Head quartered in Colorado and I lived in Memphis, TN till May 2008.
2) My current company is based in Massachusetts and Now I live in Nashville, TN.

Will the company address (different states) and my residence (same state but different cities) address triggers any issue? My file is at TSC.

Can you please clarify???

AND about talking to my past company lawyer, they have all my records and just want to inform them that I am no more with the past company.

Thanks for you time.

[ginnu]

Originally Posted by prman

Thanks for your reply, I will make a note of your suggestions. One more thing that I am too much worried about is
1) My Previous company (who filed the greencard) is Head quartered in Colorado and I lived in Memphis, TN till May 2008.

2) My current company is based in Massachusetts and Now I live in Nashville, TN.
------------------------------that is OK
Will the company address (different states) and my residence (same state but different cities) address triggers any issue?
----------------USCIS needs YOUR address where you stay. I-485 is your Petition
My file is at TSC.

Can you please clarify???
------------------------you should file AR11 and write YOUR present address.
AND about talking to my past company lawyer, they have all my records and just want to inform them that I am no more with the past company.
--------------------------------Why to inform him? hire your lawyer or take the services of Present company lawyer and your lawyer can get your file from Past lawyer. If you have the copy of I-485 filing then you dont need anything from past employer. you have also I-140 approval notice copy. what more you need from past employer?

Thanks for you time.

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

[prman]

Originally Posted by ginnu

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

Ginnu,

Finally I have prepared to submit the AC21 with all the documents in hand. I have couple of questions.

Do I need to First submit AR11 (Planning to do Online and then I will call to confirm) before sending the AC21 papers or it dosen't matter which one goes first?

With my 485, my wife and son adjustment of status is also pending. Do I need to do anything before sending this AC21 papers.

Thanks for your answers
PRMAN

[ginnu]

Originally Posted by prman

Ginnu,

Finally I have prepared to submit the AC21 with all the documents in hand. I have couple of questions.

Do I need to First submit AR11 (Planning to do Online and then I will call to confirm) before sending the AC21 papers or it dosen't matter which one goes first?
--------------------------------you or your wife,son need to file form AR11 if you have moved. AR11 has nothing to do with AC21.

With my 485, my wife and son adjustment of status is also pending.
----------------------file AR11 if address changed(form AR11 will not change the address on pending petitions with USCIS)
Do I need to do anything before sending this AC21 papers.
--------------------AC21 is for your I-485
Thanks for your answers
PRMAN

I don’t know what is the address on your I-485, your wife I-485 and son I-485. You all need to change the address on all the pending petitions by writing to USCIS. Form AR11 does not change address on pending petitions. Somebody told me that once you fill AR11 online for address change then system also ask if you want to change address on pending petitions with USCIS if the online asks that then keep all you’re your wife and son I-485 filing receipts and change the address with USCIS on pending petitions.also call 1800 to update your, your wife and your son addresss on I-485, provide the reciept numbers and A# of each person.

[prman]

Originally Posted by ginnu

I don’t know what is the address on your I-485, your wife I-485 and son I-485. You all need to change the address on all the pending petitions by writing to USCIS. Form AR11 does not change address on pending petitions. Somebody told me that once you fill AR11 online for address change then system also ask if you want to change address on pending petitions with USCIS if the online asks that then keep all you’re your wife and son I-485 filing receipts and change the address with USCIS on pending petitions.

Thanks Ginnu

[prman]

Originally Posted by ginnu

I don’t know what is the address on your I-485, your wife I-485 and son I-485. You all need to change the address on all the pending petitions by writing to USCIS. Form AR11 does not change address on pending petitions. Somebody told me that once you fill AR11 online for address change then system also ask if you want to change address on pending petitions with USCIS if the online asks that then keep all you’re your wife and son I-485 filing receipts and change the address with USCIS on pending petitions.also call 1800 to update your, your wife and your son addresss on I-485, provide the reciept numbers and A# of each person.

I have changed my address online on all the I485 applications. Yes, once you fill AR11 online the system asks for any pending petitions with USCIS.

My 485 is with Texas service center and I live in Tennessee. What is the Texas Address for filing AC21. Is the below Address correct?
USCIS Texas Service Center
P. O. Box 851804
Mesquite, TX 75185-1804

AND there is another address which is
USCIS Texas Service Center
P.O. Box 852211
Mesquite, TX 75185-2211

I picked both the address from the I485 application.

Can any body please tell me to which Address I should send my AC21 papers?

Thanks

[ginnu]

Originally Posted by prman

I have changed my address online on all the I485 applications. Yes, once you fill AR11 online the system asks for any pending petitions with USCIS.
------------------------------- online may not change address on pending petitions also send letter for address change to:
USCIS TSC
P.O. Box 850891
Mesquite, TX 75185-0891
---------------------- And on cover letter write your name, DOB, A#, I-485 filing receipt # and make a request for address change write your present address and your past address and request the USCIS to send any communication in future to your address AAAAAAAAA. attach the copy of your I-485 reciept with letter. Sign the letter with date and then keep the copy of that letter with you. Outside the envelope write in big bold letters: Attn: ADDREES CHANGE request on pending I-485 (in this letter you can also make request to revoke the form G28 filed by lawyer XYZ and can request the USCIS to send any communication in future directly to you on your address AAAA)

My 485 is with Texas service center and I live in Tennessee. What is the Texas Address for filing AC21. Is the below Address correct?
USCIS Texas Service Center
P. O. Box 851804
Mesquite, TX 75185-1804
----------------------Send the letter to above address and out side the envelope write in big bold letters: request to invoke AC21 with pending I-485.



I picked both the address from the I485 application.

Can any body please tell me to which Address I should send my AC21 papers?

Thanks

****Keep the copy of any letter/documents with you that you send to USCIS.