AC-21 law please help

H

hotshot

Registered Users (C)
Hi Folks,

I have a friend who needs information about AC-21 law, like where in INS website he can find it etc., becuase the company he is working now is closing and he is close to 180 days.....

his filing date for I-140/I-485 is 12/1/04
I-140 Approved date 2/19/05
I-485 ........

He is finishing his 180 calendar days on 05/30/05........

Question is, is it calendar days or working days they count.....

can he file AC-21 after May......

Please post your replies and also the law where he can find more information in INS website.......

Really appreciate the help...
 
hotshot said:
Hi Folks,

I have a friend who needs information about AC-21 law, like where in INS website he can find it etc., becuase the company he is working now is closing and he is close to 180 days.....

his filing date for I-140/I-485 is 12/1/04
I-140 Approved date 2/19/05
I-485 ........

He is finishing his 180 calendar days on 05/30/05........

Question is, is it calendar days or working days they count.....

can he file AC-21 after May......

Please post your replies and also the law where he can find more information in INS website.......

Really appreciate the help...
Click to expand...

If he gets laydoff before 05/30/05:

He needs to know if the company will withdraw the I-485 application. They probably won't. If they do, he probably is in trouble. In many cases like this I've seen, the company does not inform the INS about the situation for a couple of months. and many people in this circumstances have gotten their GC's.

If he gets laydoff after 05/30/05:

He is OK as long as he gets a new job in something similar. As soon as he gets the new job, he (or company's lawyer) needs to send a AC-21 letter informing the INS about the situation. What is important is to have a job (in a solid company) doing a similar kind of work.

Read:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

I hope he has his EAD already. Otherwise we wont be able to work anywhere.

So, is better if he explains the situation to his boss, to keep working for as long as he can. After that, his I-485 application is pretty new, so chances are he has a lot of time to find a new Job.

If he does, he won't probably get even an RFE requesting evidence. If he does, they will probably ask for evidence of been working (paystubs) and maybe also financial status of the company to make shure they can keep employing him.


I AM NOT A LAWYER, and actually i was in a simmilar situation (after six months though) and the layer (paralegal) told me that we were absolutely screwed. Turned out to be that we were not. Even I spoke with an immigration officer who told me basically that I need to find a job.

We did the EAD's and AP's outselves on that time. No problems at all. Just read the instructions and do exactly as they ask.

I hope everything goes OK.
 
But no where does it say in the guidelines to send any letter to INS or for that matter is there any form. On what basis do you say that INS needs to be informed? AC21 allows change of jobs.

longuito said:
If he gets laydoff before 05/30/05:

.. As soon as he gets the new job, he (or company's lawyer) needs to send a AC-21 letter informing the INS about the situation. What is important is to have a job (in a solid company) doing a similar kind of work.
Click to expand...
 
In_durham said:
But no where does it say in the guidelines to send any letter to INS or for that matter is there any form. On what basis do you say that INS needs to be informed? AC21 allows change of jobs.
Click to expand...

I called the USCIS; the officer I spoke with told me to do so. Plus the layer at the new company (from a big firm from LA) had the same opinion.

Either way, and to clarify something, I did not send anything before getting a new job. I did not gave the USCIS officer my case number either, just in case.
 
Thanks folks for all the replies......
In Durham's question about informing the INS ....I remember having read something 'NOIA or something else similar to that' in murthy.com. It said that since somebody did not inform INS about job change, INS wanted to revoke his/her green card way after everything was over. After I read that, I felt that someone must inform INS about AC 21 job change to keep out of trouble later.

Goodluck to you all....
 
You must log in or register to reply here.
Top