AC-21 help

I

india20062000

Registered Users (C)
To all,

I have the I-140 approved & I-485 pending more than 365 days. My visa date is current and I-485 stuck in Name Check
I want to change my job under AC21 and I have the following understanding of the situation :

My new employer needs to to give an EVL with copy of I-485 receipt notice - also I need to file a cover letter for AC21.
I cannot go through the lawyer of my previous employer for obvious reasons. Thus I need to find a new lawyer and file G28 - what is G28?
Also I need to send all this to NSC where my I-485 has been filed. though the new emplyment could be in a region other than NSC.

Are there any other steps to be done?

await a reply
 
india20062000 said:
To all,

I have the I-140 approved & I-485 pending more than 365 days. My visa date is current and I-485 stuck in Name Check
I want to change my job under AC21 and I have the following understanding of the situation :

My new employer needs to to give an EVL with copy of I-485 receipt notice - also I need to file a cover letter for AC21.
--------------- new employer does not have your I-485 filing reciept how he can give you? you will be having your I-485 filing reciept if it is not with you then ask the lawyer who filed your I-485. to invoke AC21 you new employer has to give you Permanent job offer letter with same/similar job duties+ copy of I-485 reciept+ cover letter requesting USCIS to invoke AC21 with your pending I-485(keep the copy of each document that you send to USCIS)
I cannot go through the lawyer of my previous employer for obvious reasons.
--one should not go
Thus I need to find a new lawyer and file G28 - what is G28?
--------- hire YOUR lawyer and You sign G28 so that attorney can represent you and attorney sends that G28 to USCIS.
Also I need to send all this to NSC where my I-485 has been filed.

though the new emplyment could be in a region other than NSC.
-------------need to send where I-485 is Pending
Are there any other steps to be done?
-read below
await a reply
Click to expand...

If you move do the below according to your situation?

1 file form AR11 for address change ( it will not chage you address on pending petitions with USCIS)
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)

3 write letter to service center for address change on your pending I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485 letter need to be signed by spouse with date and reciept# of pending petitions) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover letter so that you get fingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application).

4. if want to use AC21 THEN if the past company lawyer filed I-485 then better change your lawyer and fill up new G28 with your new lawyer and he can update USCIS that he represent you and can mail form G28 to sevice center, he can also make a request to chage your New address on Pending I-485 and he will get if any RFE, if you dont change any RFE will go to past lawyer
*** do the all 1,2,3,4
 
Ginnu - thanks for a great detailed reply.

Some more querries :

1. Suppose one leaves Company A on a particular date - say 30th Sep and he has a 30 day notice period and will join the new Company B on 1st Nov. (after 30 days), can the previous employer revoke the I-140 in these 30 days before you start with the new company (since the Company A already knows that you are going to leave) - if yes, when should one file AC21 and other documents to be safe.

2. Is it safe to go with AC21 - what are chances of a rejection on I-485 due to AC 21

Await ur reply.
 
Invoking AC21

Hi Ginnu,

Is it possible to apply for AC21 on our own without an attorney? Your reply is appreciated.

Thanks,
kg.
 
Last edited by a moderator:
india20062000 said:
Ginnu - thanks for a great detailed reply.

Some more querries :

1. Suppose one leaves Company A on a particular date - say 30th Sep and he has a 30 day notice period and will join the new Company B on 1st Nov. (after 30 days), can the previous employer revoke the I-140 in these 30 days
------------------YES, they can send letter to USCIS
before you start with the new company (since the Company A already knows that you are going to leave) - if yes, when should one file AC21 and other documents to be safe.
---------------------New job offer is needed at the time of I-485 approval. once you join new employer get the job offer letter and invoke AC21
2. Is it safe to go with AC21 - what are chances of a rejection on I-485 due to AC 21
------------- if you are eligible for AC21 and new permanent job offer is same/similar then why to worry?
Await ur reply.
Click to expand...
 
Ginnu,

Does that mean that even after the previous employer has revoked I-140 in the 30 day notice period,I can still invoke AC21 without getting NOID?

Pl. revert.
 
india20062000 said:
Ginnu,

Does that mean that even after the previous employer has revoked I-140 in the 30 day notice period,I can still invoke AC21 without getting NOID?

Pl. revert.
Click to expand...
Post you info:
LC filing date or PD, EB3 or Eb2
I-140 filing date
I-485 filind date
I-140 approval date
** when you left your employer who filed I-140
*** when you joined new employer
 
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