AC21 and PD

J

jambalakadi1

Registered Users (C)
Hello Gurus,

Does the Priority Date changes if I change the employer using AC21 law?

what happens in case where employer revokes I-140 and the underlying Labor is substituted for some one else? What will be my PD in this scenario?
 
jambalakadi1 said:
Hello Gurus,

Does the Priority Date changes if I change the employer using AC21 law?
----no
what happens in case where employer revokes I-140 and the underlying Labor is substituted for some one else? What will be my PD in this scenario?
-----------If I-140 approved and I-485 pending more than 180 days you are safe to use AC21. if the employer files second I-140 for other candidate based on same LC and your I-485 gets approved first then the second canditate will get nothing.
Click to expand...
 
Hi Ginnu,

Thank you for your reply. What happens in this case.

if the employer files second I-140 for other candidate based on same LC and other candidates I-485 approved first. Is it possible? what happens to my case in this scenario?
 
jambalakadi1 said:
if the employer files second I-140 for other candidate based on same LC and other candidates I-485 approved first. Is it possible? what happens to my case in this scenario?
Click to expand...

The statutory language of AC21 (ie. the law itself, not any USCIS memoranda) clearly states that the "labor certification remains valid". I think you would be safe, and such an interpretation would be validated if an appeal was necessary. I'd be far more concerned if I was the second candidate using that LC.
 
jambalakadi1 said:
Hi Ginnu,

Thank you for your reply. What happens in this case.

if the employer files second I-140 for other candidate based on same LC and other candidates I-485 approved first. Is it possible? what happens to my case in this scenario?
Click to expand...
why dont you post your case details?
LC filed date
LC approved date
I-140 filing date
I-140 approval date
I-485 filing date
LC filed by employer A and you are with A or B at this time
what you want to do?
do you want to join other employer
why do you think the employer who got LC for you will file second I-140 for other candidate?
if your I-140 is approved and your I-485 is pending more then 180 days you can change employer if new employer is ready to give you permanent job offer letter with same/similar job duties and you can invoke AC21

FYI:
Imporant Procedural Changes Forthcoming for I-140/I-485 Concurrent Filing and NIW

The USCIS has been delaying the implementation of the premium processing services for I-140 immigrant petition proceedings. According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006. The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
 
ginnu said:
why dont you post your case details?
LC filed date 01-JUN-03
LC approved date 22-AUG-03
I-140 filing date 01-FEB-04
I-140 approval date 15-MAR-04
I-485 filing date 29-JUL-04
LC filed by employer A and you are with A or B at this time
what you want to do? IM STILL WITH employer A do you want to join other employer YES
why do you think the employer who got LC for you will file second I-140 for other candidate? BCOZ ITS DESI (VERY BIG) COMPANY
if your I-140 is approved and your I-485 is pending more then 180 days you can change employer if new employer is ready to give you permanent job offer letter with same/similar job duties and you can invoke AC21

Ginnu, Also my new Job duties are similar but the Pay is 90K where as Pay on the Labor is 50K. Will there be any problem. New Job is in Texas

Does below note has anything to do with my case? Mine is non-concurrent?

FYI:
Imporant Procedural Changes Forthcoming for I-140/I-485 Concurrent Filing and NIW

The USCIS has been delaying the implementation of the premium processing services for I-140 immigrant petition proceedings. According to the AILA-Nebraska Service Center liaison report of April 19, 2006, the USCIS may announce the PPS program in May 2006. The NSC Director also confirmed that once the USCIS started implementing PPS for I-140 petition, it would accompany the following two critical changes:
Termination of I-140/I-485 Concurrent Filing
Shut-Out of NIW from PPS.
Once the concurrent filing is terminated, it will cause a number of problems for EB-immigrants:
Those whose legal status would expire unless they were allowed to file I-140 and I-485 concurrently will fall out of status unless they are eligible for 245(k) benefit. PPS does not guarantee the decision in 15 days when the USCIS issues RFE. The 15-day requirement runs again only after they receive the response to the RFE. Sometims, RFE response can take months. Since unlawful presence or out-of-status clock will keep ticking during the period of I-140 petition adjudication, some people may lose the opportunity for filing I-485 forever.
EAD and Advance Parole applications are available only when they file I-485 application as they are ancillary proceedings to the I-485 applications. The termination of concurrent filing procedure will take away this privilege under the current concurrent filing system.
Affect of Termination of Concurrent Filing and Unavailability of I-140 Premium Processing Services for NIW will be devastating. It practically takes away the current privilege of stopping out-of-status clock by concurrently filing I-485 as well as the privilege of applying EAD and Advance Parole. Worse yet, since the Premium Processing will not be available for the NIW I-140 petitions, it can take forever, particularly when RFE is involved. Please stay tuned.
Click to expand...
 
LC filed date 01-JUN-03
LC approved date 22-AUG-03
I-140 filing date 01-FEB-04
I-140 approval date 15-MAR-04
I-485 filing date 29-JUL-04
---------------- you are eligible to use AC21
LC filed by employer A and you are with A or B at this time
what you want to do? IM STILL WITH employer A do you want to join other employer YES
why do you think the employer who got LC for you will file second I-140 for other candidate? BCOZ ITS DESI (VERY BIG) COMPANY
--------------- you are safe other person who uses that LC will not get anything, your I-485 has been filed early and you are protected by AC21, Desi ya vediesi company has to follow the law

if your I-140 is approved and your I-485 is pending more then 180 days you can change employer if new employer is ready to give you permanent job offer letter with same/similar job duties and you can invoke AC21

Ginnu, Also my new Job duties are similar but the Pay is 90K where as Pay on the Labor is 50K. Will there be any problem. New Job is in Texas
--------- pay and job locations dont matter. new employer Must give you permanent job offer with same/skill as on LC(check with new employer if he is ready to give that letter) and send the AC21 to USCIS service center where I-485 is pending.
if you move or change the employer do the below:
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 pending 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 I-485 reciept # 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 want to use AC21 THEN if the past company lawyer filed I-485 then

better change your lawyer and fill up new G28 with your new lawyer and he

can update USCIS that he represent you and can mail form G28 to sevice

center, he can also make a request to chage your New address on Pending

I-485 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
 
Ginnu and RealCanadian,

I have a question here...when we change the employer why do we have to
change the lawyer. Since I-485 petition is between you and your lawyer
isn't it his duty to inform his client. At least that is what my lawyer told me and he did inform me when he had received NOID on my I-485.

If the lawyer don't inform you then don't we have every right to sue him ????

If I remember correctly both parties (applicant and attorney) will sign the representation form. So isn't it his duty to inform any thing happens on our
I-485 case ?? I understand that I-140 is related to employer so lawyer don't have to inform us on that. But why I-485 ????

Thanks in Advance.
 
Last edited by a moderator:
pacha_card said:
Ginnu and RealCanadian,

I have a question here...when we change the employer why do we have to
change the lawyer.
------- The lawyer who filed LC and I-140 represents the company that hired him. now you are changing that company and many lawyer who represent company may not support AC21, and may not let you know of any RFE
Since I-485 petition is between you and your lawyer
isn't it his duty to inform his client. At least that is what my lawyer told me and he did inform me when he had received NOID on my I-485.

If the lawyer don't inform you then don't we have every right to sue him ????
----------- may be you can , but it is time consuming the lawyer may say he did not get NOID or RFE and many who gdid not get EAD or plastic GC on time from service center get the reply from USCIS that"post office was unable to deliver" then wait and wait. why not to change lawyer to be safe
Click to expand...
 
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