AC 21 Questions... Please reply...

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depressed_gc

Registered Users (C)
EB2/RIR ND Concurrent 8/28/03 I-140 approved.

Labor PD 8/25/2001.

I-140/I-485/I-131/I-765 were filed concurrently on 8/28/03.

No FP Yet...

Can some one please update the tracker ?

I found permanent job offer on 5/4/04 and joined new employer on 5/10/04 using H-1 B transfer. New employer may have sent H-1 B transfer docs to USCIS already.

Old employer (the one who filed Green Card) won't give me I-140 Notice/Labor Certificate Copy. And moreover Old company hired attorney and paid all expenses. Old employer doesn't have intent to hire me in future. I am going to use FOIA to get copy of Labor Certificate/I-140 docs.

I have some questions though..

1) I was laid off (was on H-1) on 4/23/04 with I-140/I-485 pending more than 180 days. That was horrible time of my life because Employer said they will not answer any I-140 query (however, they did not mention that they will revoke/withdraw I-140)

I was laid off before I-140 approval but with I-485 pending more than 180 days. Would i be able to use AC-21 ?

2) Does USCIS send Courtesy Copy of I-140 to the applicant (my home address) if I call 800 # ?

3) Should i invoke AC-21 now with permanent offer letter from new employer or wait till I-485 generic RFE asking Offer letter/Recent Paystubs etc...

I would appreciate any inputs.
 
1. To invoke AC21 - 140 must be approved and 485 pending > 180 days. So if your 140 is approved you can invoke AC21.
2. 140 is employer's - so you don't receive courtesy copy. You can use FOIA for that.
3. Filing AC21 is optional- there is no hurry. You can do it on RFE or at any other suitable time.
Good luck,
 
enjoys1 the above posed by sb_tiger is correct.

If I remember your employer filed I-140and you filed I-485 concurrently and your I-140 was approved and you left or company lay off before I-140 approval. I read the link posted by you and comments by others. one person is saying it is Fraud, just Ask him what is immigration fraud and what is misrepresentation let him define it. You or your employer did not commit any fraud. The other poster is trying to be expert on AC21 (even the good lawyers don’t try to be expert on AC21 as no final regulations are published till date and all follow the august 2003 AC21 Memo) The poster is asking about INTENT, can he check the intent of your employer or your intent? Has he got any psychological test that checks the employer intent or your intent at particular time? Has the USCIS provided him the psychological test to check the intent? Employer filed LC for you that was the INTENT of employer for future permanent job, your Employer filed I-140, signed I-140 petition and that was submitted by lawyer that was enough for your employer to show the Intent to hire you for future permanent future job. Employer needs to show the Intent at the time of filing the I-140 and he had that intent and if he did not had intent he could have revoked the I-140 after you left but he never revoked the I-140 and that is good for you. Your employer never revoked I-140. That is enough for you I-140 approved and I-485 pending more than 180 days. You are eligible to use AC21. USCIS has sent you simple RFE just reply the RFE and use AC21 (ask the poster who is posting that you are not eligible for AC21, that USCIS has not asked anything about Intent, why he is more worried than you about the Intent? Is he expert on checking the Intent? Has he got any thermometer to check the intent? Intent issue can be challenged in court and it will be very difficult to prove in court that your employer did not had the intent and USCIS is NOT going to touch this intent matter because they are only going to follow the AC21 memo, no need to worry. I am 100% sure that you are eligible for AC21 and send the AC21 letter of your Intent change+ new employer future permanent job offer letter and what USCIS has asked. I don’t see any problem in your case. Good luck and be away from those who scare you.
I still stick to my post on the link:
http://boards.immigrationportal.com/showthread.php?threadid=125061
 
Thanks

Hi ginnu,

Thanks for your response.

My lawyer already responded to the RFE. INS received it on May6th.
I also did my 2nd FP on May1st. INS received FP results on May 14th.

I should know the result of my I-485 in a couple of weeks hopefully.
 
Good Luck!! and ask the other posters address who is more expert on Intent than USCIS. once you get the GC send him the copy of your GC and request him not to post again or give wrong advice to others. ask him to open office and paint a big board " we are AC21 experts!! we are Intent Experts!! But we give wrong advice. Please come and visit us once to get wrong advice" :D
 
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