AC-21 for a Consultant

M

mi_gc_applicant

New Member
Hello,

I have few questions about using AC-21. Hope, you can help me out.

I am working for company A from Feb 2003 and they filed my Labor in July 2003. This company is in PA and hence all the GC papers are filed at VSC. But I am working in MI as a consultant in company B when my GC started.

At present, my I-140 is approved (August 2004) and I immediately filed I-485. RD/ND is September 7, 2004 and it's more than 180 days now. The client company B in MI has offered me a position so that I can become permanent employee from being a consultant.

My current employer doesn't have any problem with switching the jobs. They knew that because my position is contract-to-hire.

My questions are:

1. Can I use AC-21 ?
2. If yes, should I use it ? Because, I will be working at the same location on the same position with the exact same job responsibities.
3. My current employer says that you don't have to inform USCIS. AC-21 is just an ACT and you can switch the jobs after 180 days without writing letters to USCIS. Is this true ? If I don't inform USCIS, what could happen ?
4. What happens to my paperwork submitted at VSC ? Do I need to let VSC know that Michigan company comes under Nebraska service center ? Or I don't have to worry about this issue at all ???
5. If the papers gets moved to NSC from VSC, is it going to impact my I-485 in any way ? Is it advisable to do so ? Or should I just wait to get my GC done from VSC ?

My details in summary:
Labor applied: July 2003
Labor approved: December 2003
I-140 applied: Jan 2004
I-140 approved: August 2004
I-485 applied: September 7, 2004
EAD: December 2004
FP: February 2005

Please help me in this matter. Looking for answers.

Thanks !
 
mi_gc_applicant said:
Hello,

I have few questions about using AC-21. Hope, you can help me out.

I am working for company A from Feb 2003 and they filed my Labor in July 2003. This company is in PA and hence all the GC papers are filed at VSC. But I am working in MI as a consultant in company B when my GC started.

At present, my I-140 is approved (August 2004) and I immediately filed I-485. RD/ND is September 7, 2004 and it's more than 180 days now.
The client company B in MI has offered me a position so that I can become permanent employee from being a consultant.
------ you can send the AC21 letter of B for future permanent job offer and can invoke AC21
My current employer doesn't have any problem with switching the jobs. They knew that because my position is contract-to-hire.

My questions are:

1. Can I use AC-21 ?
--yes
2. If yes, should I use it ? Because, I will be working at the same location on the same position with the exact same job responsibities.

----USE it send it to service center where your I-485 is pending with certified return reciept or let your new company lawyer send it, provide him the copy of I-485 filing and fill up G28 with him and make sure he sends it to service center
3. My current employer says that you don't have to inform USCIS.
---he is employer not a lawyer
AC-21 is just an ACT and you can switch the jobs after 180 days without writing letters to USCIS. Is this true ? If I don't inform USCIS, what could happen ?
----- if you want to use AC21 better inform USCIS and send new employer letter

4. What happens to my paperwork submitted at VSC ? Do I need to let VSC know that Michigan company comes under Nebraska service center ? Or I don't have to worry about this issue at all ???

----no need to worry, just inform VSC
5. If the papers gets moved to NSC from VSC, is it going to impact my I-485 in any way ? Is it advisable to do so ? Or
should I just wait to get my GC done from VSC ?
- wait for VSC action
My details in summary:
Labor applied: July 2003
Labor approved: December 2003
I-140 applied: Jan 2004
I-140 approved: August 2004
I-485 applied: September 7, 2004
EAD: December 2004
FP: February 2005

Please help me in this matter. Looking for answers.

Thanks !
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