AC-21 - to file or, not to file

W

webuser007

Registered Users (C)
I am contemplating shifting jobs, and have a lot of questions on AC-21.
Some details of my case:
* It has been more than 180 days since I got EAD.
* It has been more than 180 days since I-140 got approved.
* Waiting for I-485 approval.
* I do not have the LC since the attorneys are not sharing that information - so I do not have my job duties, etc. listed on my LC

In this situation, if I wanted to shift jobs using my EAD from one geographic location to another:
(1) to use the AC-21, the job duties need to be similar. Since, I don't know my job duties listed on the LC, can I not use it? What are my options?
(2) in my case, is it better to file the AC-21 proactively, as soon as I take up the new job? Because, if I don't and an RFE is sent to my original company, they will say I am no longer employed.
(3) since the new job is in a new location, I have to submit a change of address form. Does this have relation to do with filing/not-filing an AC-21?
(4) if the new job is in a new location, does the I-485 application get transffered to the new service center? Does the new company's attorneys have to do anything to make that happen?
(5) if the job is in a new location, the LC does'nt have to be re-opened/re-filed right? We are past that stage and do not need to do anything with LC???
(6) what are the list of things that the new company's attorneys have to do?
(7) If the new service center's processing speed is faster, is there a chance that my I-485 is approved faster?
(8) is there anything like revoking an approved I-140? Is it possible for my original company to do that?

Thanks!
 
Correct me if I am wrong...

1) If you hire another lawyer, your old lawyer is obligated to transfer
your papers to the new lawyer. And then the new lawyer can look at
your approved Labor, look at your new job and package your new job
retrofitted into the skill-sets mentioned in the approved labor. I have
heard that as long as you don't become a junk-cars salesman from a
software developer, you are in a similar career.

2) You may file ac-21 proactively. No problem.

3) Revocation of your approved I-140 ( assuming your I-485 is past 170
days ) MAY ( note : may, not should ) lead to a NOID upon which whoever
is your lawyer, needs to respond with new job offer letter and new job
responsibilities ( and optionally pay stubs )
 
See comments :

* It has been more than 180 days since I got EAD.
--> Number of day does not matter

In this situation, if I wanted to shift jobs using my EAD from one geographic location to another:
(1) to use the AC-21, the job duties need to be similar. Since, I don't know my job duties listed on the LC, can I not use it? What are my options?

---> some other posts have mentioned 80% similar. File for an FOIA, search for FOIA on this website, you will get some good hits which tell you how or even can go to uscis.gov --> On the left side click on 'About us and FOIA'

(2) in my case, is it better to file the AC-21 proactively, as soon as I take up the new job? Because, if I don't and an RFE is sent to my original company, they will say I am no longer employed.
--> Yes, i think so too.

(3) since the new job is in a new location, I have to submit a change of address form. Does this have relation to do with filing/not-filing an AC-21?
--> Only if you are changing the address your current INS mail is coming to, even if its in the SAME location. If say you use a friend's mailbox, then you do not have to as that is "your" address for INS purposes. This is my understanding, I could be wrong

(4) if the new job is in a new location, does the I-485 application get transffered to the new service center? Does the new company's attorneys have to do anything to make that happen?
--> May or may not get transferred.

(5) if the job is in a new location, the LC does'nt have to be re-opened/re-filed right? We are past that stage and do not need to do anything with LC???
-- Yes, someone else can clarify maybe
(6) what are the list of things that the new company's attorneys have to do?
--> If you have an existing H1 you may want to transfer that and file AC21, your lawyer would require a G-28 i believe

(7) If the new service center's processing speed is faster, is there a chance that my I-485 is approved faster?
--> God knows :-) or maybe god doesn't know too :-)

(8) is there anything like revoking an approved I-140? Is it possible for my original company to do that?
--> They can either revoke or cancel it, but it does not affect your case

Again, just my opinions, please dont rely solely on them. Hope this helps
 
webuser007 said:
I am contemplating shifting jobs, and have a lot of questions on AC-21.
Some details of my case:
* It has been more than 180 days since I got EAD.

------ it means your I-485 is pending more than 180 days
* It has been more than 180 days since I-140 got approved.
--------- that is OK you needI-140 approved and I-485 pending more than I80 days to use AC21 and new job offer in same/sililar job duties as nLC
* Waiting for I-485 approval.
* I do not have the LC since the attorneys are not sharing that information - so I do not have my job duties, etc. listed on my LC
------many dont get copy of LC if you remember the job duties write it on new job offer letter or use FOIA and you can get the copy of LC
In this situation, if I wanted to shift jobs using my EAD from one geographic location to another:
(1) to use the AC-21, the job duties need to be similar. Since, I don't know my job duties listed on the LC, can I not use it? What are my options?
---read above
(2) in my case, is it better to file the AC-21 proactively, as soon as I take up the new job? Because, if I don't and an RFE is sent to my original company, they will say I am no longer employed.
---- if any RFE now it will be retaled to yourI-485 and I-485 belongs to YOU not to employer if any RFE it will go to the lawyer who filed I-485, you can any time change your lawyer and fill up the new G28 with him and let the lawyer update the USCIS the he represent you for your I-485
(3) since the new job is in a new location, I have to submit a change of address form.
---if you are going to change the address do the below (it is sample pick up what is related to your case):
1 file form AR11 for address change
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 I-485( if you

have spouse I-485 pending He/she also need to change address on her/his

I-485) or any pending petition with them provide your past and NEW address,

attach I-485 receipt copy, write your 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 the past company lawyer filed I-485 then better change your lawyer and

fill up new G28 with lawyer and he can update USCIS that he represent you

and can mail G28 to sevice center 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

Does this have relation to do with filing/not-filing an AC-21?
-- you need to file AR11, filing AC21 is not related( if you are changing employer and location better file AC21 ALSO SO THAT USCIS gets update about your new address and intent
(4) if the new job is in a new location, does the I-485 application get transffered to the new service center?
--- generaly not to new service center, but they can transfer to local USCIS, that is why you need to update the USCIS also about your new address
Does the new company's attorneys have to do anything to make that happen?
------ he dont need to do anything, if possible update the USCIS directly where your I-485 is pending with certified return reciept, provide the I-485 filing reciept, A#, dob, full name, past address and new address
(5) if the job is in a new location, the LC does'nt have to be re-opened/re-filed right? We are past that stage and do not need to do anything with LC???
---- nothing to be done, it is over
(6) what are the list of things that the new company's attorneys have to do?
---why cant you directly ask the new company's attorneys? do you think we work with that attorney
(7) If the new service center's processing speed is faster, is there a chance that my I-485 is approved faster?
----- your I-485 will remain where it is filed, if they dont transfer to local office for interview
(8) is there anything like revoking an approved I-140? Is it possible for my original company to do that?
----- if your employer sends letter to revoke theI-140 and you submit the new job offer letter with same or similar job duties then USCIS is not going to revoke the I-140, becase your I140 is approved and I-485 is pending more than 180 days, better update the USCIS and invoke AC21
Thanks!
Click to expand...
 
Last edited by a moderator:
You must log in or register to reply here.
Top