AC 21 Questions

A

AXP

Registered Users (C)
Hi All:
I changed jobs using AC21 in August this year (well after 180 days) and informed BCIS about it. Also, the new job was under a different service center.
Next week is my second fingerprinting. This is at a center close to my new address (which means my address did get changed).
Now my question is: if I get an employment rfe, am I supposed to
1. just send a letter from my new employer, or
2. mention about AC21 again and send the appropriate documents.
Any help on this will be greatly appreciated.

Thanks,
AXP
 
Originally posted by AXP
Hi All:
I changed jobs using AC21 in August this year (well after 180 days) and informed BCIS about it. Also, the new job was under a different service center.
Next week is my second fingerprinting. This is at a center close to my new address (which means my address did get changed).
Now my question is: if I get an employment rfe, am I supposed to
1. just send a letter from my new employer, or
2. mention about AC21 again and send the appropriate documents.
Any help on this will be greatly appreciated.

Thanks,
AXP
Click to expand...

Option 2 is more appropriate. If you get any emp related RFE, mention that you have already informed USCIUS about your job change (attach previous copy) and attach relieving letter from previous employer (if available) and employment/job offer letter from current employer with 6 recent paystubs.

hth
dyno
 
Not necessary

But we don't have to inform BCIS if we change job under AC 21. I changed job but I did not inform BCIS as my lawyer said that it is not necessary.
 
To inform or not and when is the issue that bugs me too. Not that it is big deal- but why if not necessary.
I notice different people have been doing different things. The understanding I have gathered now is there is no defined timeframe or form to inform UCIS.
  • Inform UCIS upfront
  • One may just respond to the RFE - if there is one.
  • Or if there is no RFE- at time for adjucation produce suitable letter from the new employer.
I have not been able to decide yet what to do for myself. My esteemed lawyer wants some kind of disclaimer/permission from my previous employer- to initiate the process. The lawyer was appointed and is paid by me. I don't think anyone has heard of that.

Thanks
 
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tammy2, sb_tiger, magic_lamp, dynobuoy.....thanks for your answers.
I informed BCIS without a month after changing the job. That's what my lawyer suggested me.
My case is similar to yours tammy2....my lawyer wants a waiver of interest letter from my previous employer, so as to continue with my case.
At this point I am trying to get this letter from my old employer, but if I don't get one...then I will have to get a new lawyer.
 
I mean "my case is similar to" sb_tiger's case.
I typed tammy2's name incorrectly. Sorry about that.
 
AXP,
I don't know why a letter from previous employer should be necessary. The AC21 proocess should not require anything from the previous employer. Maybe we have the same lawyer.
In any case what did you 'inform' UCIS. The new company name, job description, salary etc. Was just a plain paper infrom or some form etc.
Lets see...
Thanks
 
Last edited by a moderator:
Originally posted by AXP
tammy2, sb_tiger, magic_lamp, dynobuoy.....thanks for your answers.
I informed BCIS without a month after changing the job. That's what my lawyer suggested me.
My case is similar to yours tammy2....my lawyer wants a waiver of interest letter from my previous employer, so as to continue with my case.
At this point I am trying to get this letter from my old employer, but if I don't get one...then I will have to get a new lawyer.
Click to expand...

Your lawyer is trying to play safe, which is not really required. If he doesn't understand AC21 and that your 485 application is 'your' application then you better find a competent attorney.

If you are using the same lawyer that your company used then your lawyer has a valid point. He has to save his bottom from being sued by your employer later.

hth
dyno
 
The GC petition is a joint petition- so the lawyer represents both. In my case the lawayer was appointed and paid by me- so in some sense he is my lawyer. But there can be technical/legal issues. I am hoping they would get resolved.
I will continue to use the same lawyer- probabaly may consider the lawyer of my new employer. Lets see...
 
Originally posted by sb_tiger
The GC petition is a joint petition- so the lawyer represents both.
Click to expand...

There are no "joint" petitions in the Green Card process. The LC and I-140 are entirely done by the employer, and the adjustment petition is entirely done by the alien. However, you do have situations where the attorney is representing two different parties at different stages of the process. In cases of concurrent filing, the attorney is filing two different petitions for two different clients at the same time.

If, during this time, the interests of one (or both) parties change, the attorney is in an interesting situation, no matter who is payng the bills.
 
Originally posted by TheRealCanadian
There are no "joint" petitions in the Green Card process. The LC and I-140 are entirely done by the employer, and the adjustment petition is entirely done by the alien. However, you do have situations where the attorney is representing two different parties at different stages of the process. In cases of concurrent filing, the attorney is filing two different petitions for two different clients at the same time.

If, during this time, the interests of one (or both) parties change, the attorney is in an interesting situation, no matter who is payng the bills.
Click to expand...


Well I agree with you that the fact that joint petition doesn't exist in GC process, but it may be an issue of ethics for the lawyer too (I can't believe that I used the word ethics and lawyer in the same sentence :) ). Also the applicant is not aware of the agreement between the lawyer and the employer. By filing the applicants application (AC21 in this case) the lawyer is acting against the wish of his primary client. So maybe that he wants to clear that before he takes on the applicants case.

It will be a best option to talk to the lawyer and find out if s/he has any such repercussions.

hth
dyno
 
It depends upon entirely on attorney. In my case i was laid off from the company i was working just one month after applying I- 485 and I-140 pending. But my attorney was co-operative. After the layoff he explained the difficulties of immigrant and requested my employer not to revoke I-140. Company did not revoke I-140 for me. Some of my friends did not speak to attorney. Attorney did have the idea of their layoff. Company sent I-140 revocation letter without informing attorney. Recently I came to know about this.

I-485 is employee petition. But depends upon who sign the agreement in the beginning and how was agreement. Although my attorney was representing employer he helped us lot.

About your original question I would suggest to send a letter whom you want to work. If it needs AC-21 documentation send it. Be truthful. It will not harm you.
 
Happy Holidays

It is all too confusing still- 'primary client' 'joint petition' 'who is paying' 'expected to' 'required to' yada.... yada... yada...
Lets take a break for the Holidays.
Merry Christmas and Best wishes to all for a Happy New Year
May it bring your GC
 
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Well, in my case its the previous company attorney. According to him, in order to represent me, he will need a waiver from my previous employer as he was representing both of us.
Till now my old company hasn't said yes/no for the letter.
As about informing BCIS of my job change, I sent the following details:
1. A letter stating that I have changed jobs. With the I-485 notice date and the date I joined the new company. Also mentioned that this job is similar to one I was doing before. Didn't used the "AC21" word anywhere but did mention 180 days.
2. A letter from my current employer, with the date of joining, salary and the designation. Plus they mentioned the same job description as my labor.
3. Copy of my I-485 receipt.

Happy Holidays to all of you!!!
 
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