AC21 Mandatory?

[gcqa]

Labor & I-140 Approved. I-485 pending since June 2007. Recently renewed EAD & AP.
I work for Company A and my wife works for Company B. Company B is a sister company of Company A. I filed for GC with Company A. Both my wife & I have recently renewed our EAD and AP. Company C took over (merger/ sold) companies A and B. Company C wants to change the employer name for both of us to Company C. And in doing so, Company C wants to us to use EAD instead of filing for new H1B.

1. Should we file AC21 for me and my wife?
2. If so can we personally file for AC21 or should the lawyer file for it?
3. Is there any particular format for AC21?
4. What documents are to be accompanied with AC21 filing?
5. To which USCIS center should I file the AC21 (My I-485 is at Nebraska, but recently renewed EAD & AP through Texas)?

Company C's HR manager says that filing AC21 is not Mandatory. AC21 is just a provision to change the employer with 485 pending more than 180 days. Also, HR manager says they spoke to some lawyers and lawyers recommended not to proactively file AC21 cos in some cases proactively filing AC21 caused to rise a query from USCIS.

5. Is it mandatory to file AC21 while changing employer with EAD (with 485 pending for more than 180 days)?
6. What are the consequences for not proactively filing AC21?
7. Are there any negative impacts for proactively filing AC21?
8. In future if I change to another employer D, should I again file for AC21 and keep doing this process until I get my GC?

Please advise. Sorry for the many questions.

[ginnu]

Originally Posted by gcqa

Labor & I-140 Approved.

I-485 pending since June 2007. Recently renewed EAD & AP.
I work for Company A and my wife works for Company B.
Company B is a sister company of Company A.
I filed for GC with Company A.
Both my wife & I have recently renewed our EAD and AP.
Company C took over (merger/ sold) companies A and B.
Company C wants to change the employer name for both of us to Company C. And in doing so, Company C wants to us to use EAD instead of filing for new H1B.
-------------------------if the C does not file H1 then you and your wife can use EAD (you will need approved AP in hand if you want to go out and enter US)
1. Should we file AC21 for me and my wife?
----------------------If your I-485 is Primary and your wife I-485 is derivative (based on your I-140) then only YOU need to file AC21. if her I-485 is also primary then she also need to file AC21.

2. If so can we personally file for AC21 or should the lawyer file for it?

--------------------You can file AC21 request directlt or can take the help of company C lawyer or can hire your Lawyer.

3. Is there any particular format for AC21?
---------------------Cover letter to request AC21+I-485 filing reciept copy+ Employer C permanent job offer letter with same/similar job duties.( AC21 sample letter has been posted many times search the threads)

4. What documents are to be accompanied with AC21 filing?
-----------read above.

5. To which USCIS center should I file the AC21 (My I-485 is at Nebraska, but recently renewed EAD & AP through Texas)?

------------------------------- Send AC21 papers to the service center where I-485 is pending.

Company C's HR manager says that filing AC21 is not Mandatory.AC21 is just a provision to change the employer with 485 pending more than 180 days. Also, HR manager says they spoke to some lawyers and lawyers recommended not to proactively file AC21 cos in some cases proactively filing AC21 caused to rise a query from USCIS.

-------------------inform him if you dont file AC21 then USCIS is going to send RFE with long list of Documents. Recently USCIS is sending NOID and once USCIS sends NOID then more money to lawyer and more documents from Company.

5. Is it mandatory to file AC21 while changing employer with EAD (with 485 pending for more than 180 days)?
--------------------------- File the AC21 to be safe and dont go according to your HR.
6. What are the consequences for not proactively filing AC21?
--------------------------------RFE with more documents OR USCIS may send NOID.
7. Are there any negative impacts for proactively filing AC21?
----------------------NO
8. In future if I change to another employer D, should I again file for AC21 and keep doing this process until I get my GC?
------------------------------Yes, Send AC21 request with D letter again.
Please advise. Sorry for the many questions.

Keep the copy of each document that you send to USCIS. AC21 document should be sent to service center where I-485 is Pending and out side of envelope write in big bold letters: Request to invoke AC21 with pending I-485

[ginnu]

ask your HR to read the link from Murthy law office
http://www.murthy.com/news/n_risres.html