AC-21 approved

H

happytoday

Registered Users (C)
at last i have become a free bird.... keep hopes alive...
don't worry.. use AC-21 change employers without any worry.

I changed my employer last month. yesterday my case got approved

Texas
-------
Labor June 2001- approved June 2003(looong wait)
I140/I485 - concurrent filing July 2003
I140 approved - March 2004
I485 approved- yesterday....
 
happytoday said:
at last i have become a free bird.... keep hopes alive...
don't worry.. use AC-21 change employers without any worry.

I changed my employer last month. yesterday my case got approved

Texas
-------
Labor June 2001- approved June 2003(looong wait)
I140/I485 - concurrent filing July 2003
I140 approved - March 2004
I485 approved- yesterday....
Click to expand...
----- congratulations!!!!

if you used AC21 it will be help to many if you post the AC21 sample letter that you submited to USCIS
 
Also help to Make others Happy

Hi HappyToday,

First of all CONGRATS - Another puff of confidence in the air.

All the eager waiters will really appreciate if you could share details of your case.

Like

When and why you changed your Job
Did you process AC21 thru Lawyer or Self
Did you get any RFE's etc
Any other piculiarities that you might feel important

Thanks in advance.
 
I discussed with my attorney, there is no need at all to inform INS. So i didn't send AC-21 letter.

In such a slow process, you don't have to be proactive... INS never asked to inform them about the job change...

got fed up with my employer, so i changed the job... after I changed my job, i got my approval, less than a month after i changed the employer...


use the following link to see if your new job is a similar one..
http://online.onetcenter.org/gen_search_page

i bet almost everyjob you are changing will be similar one....
unless you change your career from programming to sales!!...

AC-21 is a law allow you to change jobs, without affecting your adjustment of status.. no need to inform INS, atleast now... in future if INS makes a rule to inform with a new bulletin, then you need to inform INS...

chances having any issues on 485 is soooooo sliiiiim... don't worry...
 
My attorney didn't keep education evaluation with my 140. So i got an RFE in 140... i feel RFE might have helped a speedy 140 and 485 process..
 
Don't ever send Ac-21 Pro - Active

I agree with you. Please Don't send AC-21 letter pro active . All collegues whoever changed jobs (at least 4-5 cases) Did n't inform INS and all got approved . RD for all are after NOV 2002 . Only 2 people who applied AC-21 proactive shelling out 2-3 grand for lawyers no change in case .(My RD are prior to Sep 2002)

So it looks like 100% success for people not informing INS . 100% delay for people Pro active :) :mad: :) :mad: . Well i'm not attorney so not sure what's going on..
Well Again This is based 4-6 AC-21 cases I know.

Any commnets?
 
hi happytoday,

Firstly congrats.

when u go for stamping (if you have not already gone) will they be asking about who your current employer is. If so what would your reply be. If you have gone for stamping pls share what happened.

Thks.

Yeppo
 
Good question, yeppo.

I would appreciate an answer to the above quesiton too. Looks like informing AC-21 is not really that necessary. But after the approval, do you or should you need to carry any information about the new job while going for stamping?
 
happytoday said:
at last i have become a free bird.... keep hopes alive...
don't worry.. use AC-21 change employers without any worry.

I changed my employer last month. yesterday my case got approved

Texas
-------
Labor June 2001- approved June 2003(looong wait)
I140/I485 - concurrent filing July 2003
I140 approved - March 2004
I485 approved- yesterday....
Click to expand...
------- Heading of your post says “ AC21 approved” but you have NOT sent AC21 letter to USCIS and how do you say that AC21 approved” your case is approved for the employer whose letter was the base of job offer that you attached with I-485. you did not use AC21 and your case is NOT approved on AC21 as you have not invoked AC21
 
about invoking AC-21 ...

Ginnu ... I have a procedural question here. Not trying to pick a fight, please don't misunderstand me. Generally speaking, AC-21 authorises the changing of employment after 485 has been pending for 180 days by making I-140 portable (provided it is approved) ... also, it only suggests (not requires) to inform USCIS about the new employment.

Now, isn't changing employment (as AC-21 allows) itself establishes the fact that the person is using the AC-21 law? Whether or not his new employment information is in file with USCIS ... as they don't require ... he actually used the law. Why does he have to send the AC-21 letter in order to "invoke" the law?

[we are talking about same/similar jobs here, as AC-21 requires]
 
Think from the other side

Shaf,

Think it the other way. If you changed your employer that implies that you are no longer employed with the firm that sponsored you and had shown their intent to keep you employed for a near for seeable future.

However changing the employer changes this premise and thus defeats the whole purpose of GC. So in my opinion what Ginnu says is correct. The case is not AC-21 unless you have conveyed your intent in writing to use it for your AOS.

Thus I feel that USCIS has potential reason to deny or issue a NOID in stating that you may have tired to mislead USCIS in this regard.

Any comments welcome.
 
I think there is a shift in perception of employmeny-based green card from Immigation point of view.

After AC-21 law, INS/US Govt has kinda assumed that employment based green card is for the job category/description and has got nothing to do with who the sponsor is of that job.

As long as you are doing the same kinda work to help the US ecomomy, you will be fine. That is the way I take/read AC-21. Of couse, it is "GOOD" to inform INS of any job change, but is not mandatory yet.

Any taker of my view?

Thanks,
 
sunderGC said:
The case is not AC-21 unless you have conveyed your intent in writing to use it for your AOS. Thus I feel that USCIS has potential reason to deny or issue a NOID in stating that you may have tired to mislead USCIS in this regard.
Click to expand...

First off, misleading USCIS is a conscious act. The original poster has done absolutely nothing to mislead USCIS, absolutely nothing at all in fact. Every time the poster has made a statement to USCIS, he has told the truth (we hope).

If at some point during the lengthy I-485 process his intent changed (as is permitted by statute), that's OK. The statute clearly states that the petition will remain valid if he changes jobs, and that's exactly what happened. It places no reporting burden upon the alien or either employer (old or new) to document the change of intent.

Second, the implementation memoranda clearly state that reporting is 'expected', but not 'required'. That's an important distinction.
 
Assume that he doesn't file AC-21 and gets I-485 approval tomorrow. What would happen during the passport stamping if the officer raises a question about his employment, current employer details etc.? Would it not be a problem?
 
The AC-21 is Expected Not Required

I agree with RealCanadian.

If it is mentioned that informing USCIS is 'Expected' and Not 'Required' Then I think any time you inform / disclose about change of employment you should be fine.

I hope it works this way :D

Most of this is a Hazy issue and I feel like it is up to the interpretation by reviewing officer. Keeping my fingers crossed :confused:
 
Apollo 13 ->>> Mine is a simliar case. Changed the employer, about to inform INS but got approved. No problem in PP Stamping but had carried all the AC21 Documents for stamping.

I agree with Ginnu regarding Not invoking AC21 if you haven't informed INS
 
sorry guys... was on the GC excitement.......
got it stamped.
GC stamping is more clerical, nobody there will ever know what is AC-21...
so don't have to carry any additional docs, other than returning your AP and EAD, ofcourse passport, photos(front view face) and approval notice..
 
once you changed employer on a pending 485 after 180 days, you have invoked AC-21... it is upto you to send a doc but doesn't make any difference.

one thing everyone should make notice is never ever lie....
if anyone ask about the employer, tell your current employer...
(it could be a question you can expect on port of entry on a AP)
 
Shouldi file AC21??

I am a bit confused as to if i should file AC21 or not. I am no longer working with the employer who sponsored my LC and I140. I got an RFE asking me to send the USCIS a letter of current employment. Should i submit the AC21 or not???
 
chains2 said:
I am a bit confused as to if i should file AC21 or not. I am no longer working with the employer who sponsored my LC and I140.
---update USCIS and invoke AC21
I got an RFE asking me to send the USCIS a letter of current employment. Should i submit the AC21 or not???
Click to expand...
---as they have asked send the current employer letter to invoke AC21, also attach 2-3 recent pay stub copy
 
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