Ac-21

[Subhash_2004]

Hi,

I am new to this forum and I looking for some information regarding my situation.

I changed my employer little over 180 days after filing for I-485. I recived my EAD before the 180 days period was over and recently I got it renewed too. Its been over 8 months since I left my old company.

Now when I asked the attorney to file for AC-21 he said that he can only do it if the old employer gives him the permission to do so. The reason being, the attorney is also the old companies attorney and according to him he has to get the old employers permission becuase the own the LC.

I have paid for my Green Card processing.The old employer did not pay for it.

I left the company due to various reasons such as - we were not paid on the bench, I had to pay the payroll tax, I had to pay the entire cost of my insurance amongst other things. And since it was becoming a burden for me, I decided to quit when I got a better offer.

Now when I asked the old employer letting the attorney file for AC-21, he has refused to do so.

My question is:

1. Do I really need to get permission from my old employer to file for AC-21? I do not want to change attorney.

2. Does the old employer has any legal right to deny the attorney from filing for my AC-21?

3. If I don't file for AC-21, will it efffect my GC process?

4. If I dont file for AC-21 and then there is an RFE, will effect my processing if I change attorneys at that time?

5. Can I take any legal action against my old employer for denying the attorney from filing for AC-21?

If someone has been in a similar situation, I would appreciate it if you could share your experiences with me.

I am expecting my I-485 to be approved soon.

Regards
Subhash

 

[sb_tiger]

1. You don't need the old employers' permission to file AC21.
2. The lawyer (even if paid by you)- is actually representing the Employer in the LC and 140- as they are Employer petitions and not Employee petitions. So some lawyers- consider it as conflict of interest to do AC21 without Employer permission.
3. You can either obtain Employer permission for the lawyer or use another lawyer.
4. You would need copy of LC to file AC21- not necessarily. The lawyer may not give the LC copy without employer permission. You can get the same by various other means- FOIA being one.
5. Filing AC21 is optional and there is no prescribed timeframe.
HTH

 

[Subhash_2004]

Hi,

Thank you very much for your reply.

I had some questions about FOIA:

1. Can I file for it on my own?
2. What kind of documents can I ask for?
3. What documents do I need to provide for getting the documents that I want?
4. Where do I send the FOIA form? I am from Chicago so do I send it to Nebraska Service Center?
5. Approximately how long would it take to get those documents?

I would appreciate it if you could give me the above information so that I can take steps to change the attorney without having to waste any more time in getting the documents from my present attorney.

Regards
Subhash