AC21 approved .. here's my story

I was on EAD and when my case was denied, my lawyer told me to keep working. Then he filled the MTR. He told ma that I have the grace period of 180 days in which I can appeal and will not be illegal untill my MTR is denied. Because initial denial or NOID does not automatically close the case.

Makes sense though .... No one can simply pack in a day leave the job and leave the coutry ... right.
 
So your case is a perfect example even if your previous employer revokes I-140 you are safe with AC21 Portability.
Do you think AC21 is safe as long as your I-140 is not revoked.
 
S_Reddy said:
Thanks Pacha Card I read your forum. After looking at your case i am feeling little bit safe.

Here is the complete detail of my case

Started GC Process with Company A in Dec 19th 2003 EB3(TSC).
LC Approved May 2005.
I-140/1-485/EAD1/AP1 RD: 7/27/2004
EAD/AP Approval date: 8/31/2004
I-140 Approval:1/19/2005
Ist FP : 5/11/2005
Waiting for Second FP
Changed to company B(Company A's Client) on 8/8/2005 ( > 180 days) After Company A is okay with my joining and gave me back Orginal I-140 Approval.
I have the complete Copy of LC and Copy of I-140 Approval from Company A, But the orginal is still with Attorney.
Working at same place same job decription,more salary.

Do you still think i will have any issues?
Click to expand...
-------------- 1. Your case is clear AC21 case.I don’t see any problem with your case. Get the permanent job offer letter with same/similar skills (LC form ETA750A item13 has your skills) from employer B. write a cover letter with your name, A# ,pending I-485 receipt# your address, to invoke AC21 with your pending I-485. Sign the cover letter with date on it.
2. Cover letter+ employer B permanent job offer letter with same skills( if possible same job title as on LC)+ copy of I-485 filing receipt and Send to Service center with certified return receipt where I-485 is pending. Keep the copy of each paper you are sending. You can also take the service of your new company lawyer or you can hire your lawyer, don’t use old company lawyer.
** for AC21 same/similar skills are important on new employer permanent job offer letter. if you are working with B and have pay stubs then attach 3-4 recent pay stub copy with AC21 request letter.
Good Luck!!
 
S_Reddy said:
So your case is a perfect example even if your previous employer revokes I-140 you are safe with AC21 Portability.
Do you think AC21 is safe as long as your I-140 is not revoked.
Click to expand...
In my case ... I 140 was revoked bu USCIS. Actually the company A's lawyer got convicted with some sahpe of immigration fraud. That made USCIS alert on all the cases submitted by this lawyer. USCIS ran an enquiry to find if all the cases were legitimate. USCIS issued a letter to all employers asking them to provide affidavit that the case was genuinely initiated by the company and the "intent" to employ the applicant was there. A few cases like mine got denied because my ex-employer did not move his Royal Lazy Ass to get the papers notarised and re-mail to USCIS. Resultantly I had to go to him and make him do the paper work. Then I filled MTR.

You are safe with AC21 if the conditions are met I140 approved + I485 > 180 days .... My case was twisted because of a totally different reason. The new lawyer who is handling all the old cases informed me that 98% of the ex-lawyers cases are approved.
 
Thanks Ginnu for the reply. My Company Lawyer is really not a company lawyer as our company doesn't do Green card process.We around 10 employees working in that company hired him and our company was okay with him for processing. So i was the only one left from that company as rest are still waiting for labor or file for I-485.
The reason i left the company was because of cleint's security issue's for which i cannot work as a contractor, so the client has asked my company if they can hire me permanent full time emploement. So GC Company said okay and told me they won't do anything as they don't want to loose business for my sake.

My Lawyer told me not to file for AC21 and wait for RFE as my case is a clean case.

Let me know if i still need apply for AC21 or wait for RFE?
 
S_Reddy said:
Thanks Ginnu for the reply. My Company Lawyer is really not a company lawyer as our company doesn't do Green card process.We around 10 employees working in that company hired him and our company was okay with him for processing. So i was the only one left from that company as rest are still waiting for labor or file for I-485.
The reason i left the company was because of cleint's security issue's for which i cannot work as a contractor, so the client has asked my company if they can hire me permanent full time emploement. So GC Company said okay and told me they won't do anything as they don't want to loose business for my sake.

My Lawyer told me not to file for AC21 and wait for RFE as my case is a clean case.

Let me know if i still need apply for AC21 or wait for RFE?
Click to expand...
----------- I will file for AC21. USCIS Sends RFE you or your lawyer has to revieve the RFE then reply for RFE then the RFE responce attached to file, why to waste time. filing AC21 by you is not going to harm you if you file now
 
My lawyer also told me not to send AC21 proactively as the letter never attaches to your file. He told me to wait if USCIS asks for employment letter, then send AC21 letter along with your response to RFE. Thats exactly what he did in my case.

The adjudicator will send RFE to you with any document he thinks needed for your approval. Whenever an RFE is issued, that is an indication that your file in under review que and with an officer. 99% of RFE demand for letter from "current employer". USCIS adjudicators are Lawyers and very careful with words and the applied law. They know everythng about AC21 (I140 approved +. USCIS can not invite lawsuits because of incorrect application of AC21 and denying a case.

I agree with GINNU for Pro-active approach, but again, there is no concrete benifit.

In the event you get RFE, you will eventually send employment letter and AC21 cover letter. Most commonly, people who sent the letter pro-actively did not help them from getting RFE. There is no check mark in USCIS system for AC21 application that is why there is no LUD even when you get a return receipt of AC21 letter.

Yes ... in the begining of AC21 saga, when the law was in much more confusing state, there were af ew instances when AC21 cases were denied, but they too were re-instated after MTR.

Being pro-active is good when results are sure.
 
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