My AC21 letter

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waitingformyGC

Registered Users (C)
Here is the letter I am going to send to CIS:

******************************************
Re: I-485 Application/LIN 02-2xx-xxxxx
Notice of Change of Employer


Dear Sir or Madam:

This is to inform the CIS that under the provisions of Section 106(c) of the 21st Century Act (AC21) I have changed my employment from Company A to Company B, a Company A vendor.

On Sept XX, 2002, I filed the I-485 application to adjust my status. At that time, I had intended to continue to work for Company A. I joined Company B in the same position (Job Title here) and with the same job duties on January XX of 2004, well after my I-485 application had been pending for over 180 days, due to the elimination of my position at Company A. I expect that I will continue to be employed with Company B for the foreseeable future.

Please feel free to contact me if you have any questions.

Very truly yours,


***************************

What do you guys think? Anything to add/delete/change?

Thanks
 
EXCLUDE THE PHRASE "DUE TO ELIMINATION OF POSITION IN COMPANY A". IT WILL RAISE A RED FLAG FOR USCIS. YOU MAY ALSO WANT TO INCLUDE DATES/ NOTICE# FOR I-140 APPROVAL.
 
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nkm-oct23 is correct and with this intent change letter you ALSO need to send new employer future permanent job offer letter + copy of I-485 filing receipt and send it with certified return receipt
 
But if I don't mention the reason that I left company A, USCIS is sure gonna ask. What's the risk of telling USCIS it?

Should the "intent" be for me to work for the sponsoring company? Or it should be the sponsoring company to hire me?
 
waitingformyGC said:
But if I don't mention the reason that I left company A, USCIS is sure gonna ask. What's the risk of telling USCIS it?

Should the "intent" be for me to work for the sponsoring company? Or it should be the sponsoring company to hire me?
Click to expand...

If you mention the elimination of position in Company A then it will sound like the original intent was a sham. Be careful. Do not mention that sentence. Just tell them that you are taking this same/similar position with company B.
 
Then I am wondering how about many people that got laid off?

The fact is that I worked for Company A for a while until the position was eliminated and I got laid off. So how should I modify that sentence to at least give USCIS a reason why I changed employer?
 
Then I am wondering how about many people that got laid off?
--------- If I-140 is approved and 485 > 180 days they are fine, else they may face some problems down the road.

The fact is that I worked for Company A for a while until the position was eliminated and I got laid off. So how should I modify that sentence to at least give USCIS a reason why I changed employer?
---------- When you use the AC21 provisions you don't have to say why you are leaving the sponsoring company.You just send a letter along with the documents which ginuu has posted earlier to USCIS.
It is as simple as "" DON'T ASK DONT TELL "". Dont give USCIS more info than it needs. If they ask for more info through an RFE then respond to it at a later date. Ask you lawyer he/she should be able to handle these things. If your lawyer gives a run around then find another one.
 
If I delete "due to the elimination of my position at Company A.", will it sound like that MY INTENTION had changed? And will that be risky?
 
USCIS is not interested in your intention as such but the intention of your company when they applied for your I-140 on your behalf. So if you mention the position is eliminated then USCIS will think the original intent was bogus and may deny your 485. Just get a letter from your current employer such that the job description is similar as it was in the LC. Then attach that letter along with the your letter specifying AC21 clause. If you are using a lawyer they will put the right legal jargon in the letter and send it out.
" You do not want to say that your sponsor company has laid you off". Its as simple as that. Dont give USCIS hints about the dents in your case.
 
Hi Everyone,

I just found out from the website that my case is approved! Finally!

I want to thank many people in this forum for their good advice and moral support. I will continue visit this forum to give my support as well. I also want to donate to this forum. How do I send thru PayPal?

My case details here:
EB-1
ND: 9/2002
Laid off: < 180days
First job after layoff: 8/2003
2nd job after layoff: 1/2004
RFE: 5/2004 (EVL)
RFE received: 6/7/2004 (Replied with: EVL, 3 month paystubs, AC21 letter, company 2003 tax return form)
AD: 6/21/2004
 
Hi was ur FP valid at the time of approval

hi Congrats!!!!!!!!!!!!!!!!!1


jsut wanted to know what was the case wiht respect to ur FP.

I replied to my RFE on june 4 2004 as well, and waiting for adjudication........

but the 1st FP (only FP I had doen so far) was on feb 15 2003

so at the time when i sent in my rfe reply...the FP had already crossed 15 months..............

so want to know whether i am going to get another FP????
 
waitingformyGC

Congratulations!!!

Now please post the sample AC21 letter you sent to USCIS and your Intent change letter contents so that others will have SAMPLE of successful AC21 letter and Intent change letter
Did you also supple the financial documents from new company?
Good Luck!!
 
ginnu, thanks! You gave me and many others a lot of advice which I appreciate very much.

I used the same AC21 letter as I posted in this thread. I didn't send any separate "intent change letter". I guess my AC21 letter served that purpose.

My company is a small company and the owner is willing to give me the tax return form for my RFE which I am very grateful.

TheEnquirer, regarding FP2, in my opinion, I don't think it's absolutely necessary. Since you have replied to RFE, I think your case will get adjudicated very soon.
 
how to contact?

how can I send you emai?
waitingformyGC said:
Here is the letter I am going to send to CIS:

******************************************
Re: I-485 Application/LIN 02-2xx-xxxxx
Notice of Change of Employer


Dear Sir or Madam:

This is to inform the CIS that under the provisions of Section 106(c) of the 21st Century Act (AC21) I have changed my employment from Company A to Company B, a Company A vendor.

On Sept XX, 2002, I filed the I-485 application to adjust my status. At that time, I had intended to continue to work for Company A. I joined Company B in the same position (Job Title here) and with the same job duties on January XX of 2004, well after my I-485 application had been pending for over 180 days, due to the elimination of my position at Company A. I expect that I will continue to be employed with Company B for the foreseeable future.

Please feel free to contact me if you have any questions.

Very truly yours,


***************************

What do you guys think? Anything to add/delete/change?

Thanks
Click to expand...
 
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