AC-21 Letter(FOIA Success)

S

smv939

Registered Users (C)
Hello All,

Thanks a lot for all the support from this forum. I am going to change my job using AC-21 portability after I-140 approval and I-485 is pending more than 180 days.

I applied for FOIA for the approved labor & I-140 at Vermont on sept.16th and got the documents on Nov.10th.

When I mentioned about my AC-21 case in the interview, they did not care at all.They offered me the job and sent me the offer letter. I am going to join in a big corporation. The salary is higher and the job description is 90% same as in the approved labour.


1. I have an offer letter in which it did not mention anything about AC-21 case or future employment. It says they offered a permanent job with certain salary and my duties(not very clearly).Do I need to get another letter from the company to send to USCIS? or can I send this offer letter USCIS?

Thanks in advance.

SMV
 
smv939 said:
Hello All,


1. I have an offer letter in which it did not mention anything about AC-21 case or future employment. It says they offered a permanent job with certain salary and my duties(not very clearly).Do I need to get another letter from the company to send to USCIS? or can I send this offer letter USCIS?

Thanks in advance.

SMV
Click to expand...

You do not need to send anything to USCIS. If during the 485 adjudication they request a current employment letter, than you can send it. But for now, you can sit tight. If your current employer can give you another letter describing your job duties, you can keep that as a CYA for future needs.
 
Thanks

Thanks jllag1.

If USCIS did not ask for the current employment letter and my green card got approved,what will be the impact of that one in the future?

I read in an immigration website that ,AC21 does not state that notification to INS is required. The current INS guidance on the issue says that it is "expected" that a letter will be sent to INS.

Thanks in advance.
SMV
 
re:

smv:
1. did u join on H1 or EAD?
2. also can u please share ur FOIA success. I mean it would be great if u could guide how to fill the form.
Thx
I140helppls
 
smv939 said:
Thanks jllag1.

If USCIS did not ask for the current employment letter and my green card got approved,what will be the impact of that one in the future?

I read in an immigration website that ,AC21 does not state that notification to INS is required. The current INS guidance on the issue says that it is "expected" that a letter will be sent to INS.

Thanks in advance.
SMV
Click to expand...

There should not be any impact in future for that. If USCIS did not ask, thats not your problem. Yes, it is "expected" that you will send the letter, but not required by law. They cannot hold you responsible for that. So don't sweat about it. The only thing you should now do is work atleast one year at your current employment after getting the GC.
 
My 2 cents

Well if you are going to work for big corp and no problem with job letter, Salary and job decription matches (well in broad way ) I would say better to send AC-21 letter well it saves the question in case down the line USCIS comes up with Qs anywhere 'well AC-21 required not expected' 'Or AC-21 huh you should have informed earlier' (as you know USCIS capable :)) otherwise I don't see any point sending AC-21 letter now But if you are man with No risks at all and very sincere.. ;) I would say send AC-21 letter

I'm not lawyer so...
 
Congrats to smv939

Hi,
Congrats. Could you please let us know what was the receipt date on your letter of acceptance from VSC? Was it 16th September,2004.
Thanks
shankar123
 
I send the filled FOIA form on Sept. 3rd by mail to VSC and I got a receipt says my receipt date for the FOIA is Sept.16th. I got my approved labour(ETA 750A) and approved I-140 on Nov. 10th by mail.I also sent FOIA to the local labour office(Boston) in Sept. first week. I did not get any document from them. But VSC sent the documents in 2 months.
 
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