AC21-Precaution

D

desi_girl

Registered Users (C)
Hi,
I have reading about the proceduresof using AC21 law.
My client is offering my a full time, but my emlployer informed that they would cancel I-140 if I had to leave.
1.Is it advisable for me to move to my client?
2.If yes, what precautions or steps should I follow to avoid any NOID and applying for MTR etc.
3.Can these RFE's and denials be avoided by any measure?
4.My spouse is dependant on my application. How will it be affected?
5.If I convert using the AC21 rule, will I still face issues?
6.Can my new lawyer be the one from the client company or should he be someone independant?

Please let me know and Thank you for your time
 
desi_girl said:
Hi,
I have reading about the proceduresof using AC21 law.
My client is offering my a full time, but my emlployer informed that they would cancel I-140 if I had to leave.
------------------if your I-485 is pending more than 180 days and I-140 is approved then you can move to new employer and send AC21 request to USCIS. if I-140 is not approved then dont move.
1.Is it advisable for me to move to my client?
-------------------Yes if you are eligible for AC21.
2.If yes, what precautions or steps should I follow to avoid any NOID and applying for MTR etc.
-------------------- once join new employer then get permanent job offer letter with same/similar job duties and invoke AC21. your new company lawyer can help you.
3.Can these RFE's and denials be avoided by any measure?
--------------------why worry about RFE? RFe is for any missing document or for any more info from your side.
4.My spouse is dependant on my application. How will it be affected?
----------------------if you join new employer with H1 transfer then file spouse H4 with your H1 transfer so that both of you get I-94 with same expiry date. if you join with EAD then your spouse will not be on H4 status but will be AOS pending status and if goes out of US then will need valid approved AP in hand before going out of US to use AP.
5.If I convert using the AC21 rule, will I still face issues?
---------------- not a problem if you are eligible for AC21.
6.Can my new lawyer be the one from the client company or should he be someone independant?
------------------- hire YOUR lawyer or take the help of New company lawyer. Revoke the form G28 filed by previous company lawyer so that RFe or approval dont go to him/her.
Please let me know and Thank you for your time
Click to expand...
** you should have posted in AC21 related thread and you did not post if I-140 approved or I-485 pending more than 180 days.
 
desi_girl said:
1.Is it advisable for me to move to my client?
--- if its been more than 180 days since your I-485 was filed and still pending AND you have an approved I-140 AND your new employer will give a letter that your new job will be same or similar to your existing one. YES you can move to your client.
2.If yes, what precautions or steps should I follow to avoid any NOID and applying for MTR etc.
---If you will continue on H1 , make sure your H1 transfer is approved before joining, ensure your EAD is valid just in case. File AC21 with Job offer letter from new employer.
3.Can these RFE's and denials be avoided by any measure?
---If you file AC21 immediately after taking the new job (before your I-140 is revoked) and your new Job offer is same or similar to existing one theoretically you should not get RFE in this regard.
4.My spouse is dependant on my application. How will it be affected?
---As long as your I-485 is valid and pending no impact to your dependent.Make sure to talk to your new attorney about your dependents for I-485 (already filed).
Also depends on their current status, if H1 need to maintain the status. if on EAD no change.
If your 485 is rejected, your dependent's 485 will also be rejected.
5.If I convert using the AC21 rule, will I still face issues?
---same as 3 above
6.Can my new lawyer be the one from the client company or should he be someone independant?
--- It can be any lawyer who is legally qualified. he or she will file a new G28 to represent you instead of your existing lawyer.
Click to expand...

all the best!
 
Invoking AC21 is must ?

ginnu said:
** 2.If yes, what precautions or steps should I follow to avoid any NOID and applying for MTR etc.
-------------------- once join new employer then get permanent job offer letter with same/similar job duties and invoke AC21. your new company lawyer can help you.
Click to expand...

Ginnu,

I have the same scenario as desi_girl case. I'd used my EAD and joined consulting company on W2 contract full-time. I have the offer letter with same job title and similar job duties. But i didn't filed AC21. Once i complete the current assignment/project...i've option to go back to my green card sponsoring employer later if i get any c2c project. My PD is: EB2 04/2006. In this scenario...Do i need wait for RFE (or) do i need to invoke AC21 on safer side for whatever reason to cover myself. My previous employer will not revoke I-140 for another year or so. Please suggest me the right thing! Thanks in advance!
 
satgym73 said:
Once i complete the current assignment/project...i've option to go back to my green card sponsoring employer later if i get any c2c project. My PD is: EB2 04/2006. In this scenario...Do i need wait for RFE (or) do i need to invoke AC21 on safer side for whatever reason to cover myself. My previous employer will not revoke I-140 for another year or so.
Click to expand...
If the employer is not revoking your I-140, and you expect to return to them, there is no need for sending any AC21 documentation. And if the next employer is only hiring you into a short-term project and not an ongoing position, it wouldn't qualify for AC21 anyway.
 
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