AC21 - Basic Questions

[desi929]

Hello --

I know this topic has been discussed somewhere in the forum previously, but I could not find the thread anywhere...

Basically I was wondering what is the process for applying for AC21 i.e. does my new employer file for it and does this delay the I-485 approval process ?

If the new company files for AC21, do they take ownership of the Permanent Residency application and can my previous employer who filed for I-485 revoke my approved I-140, Labor and pending I-485 ?

I know that the new job has to be similar to my old job...but I am just not sure of what risks I face while applying for AC21 in terms of jeopardizing my I-485 application. Also when I apply for the new job, can I say I am authorized to work in the US under the new employer or would I have to ask them to sponsor my EAD or H1 visa before I can start working for them ?

My Details :
I-140 and Labor Approved
PD : Aug 2002
I-485 RD : March 2003
Currently on Third EAD
Country of Origin : India
EB3 Category
2FP Done in December 2004

Thanks to all those that respond...apologies for reposting these basic questions. Just a little frustrated that this process is taking so long.

 

[ginnu]

Hello --

I know this topic has been discussed somewhere in the forum previously, but I could not find the thread anywhere...

Basically I was wondering what is the process for applying for AC21 i.e. does my new employer file for it
-----------I-485 belongs to you you need permanent job offer letter from new employer with same/similar job duties,your I-485 filing reciept copy and cover letter to invoke AC21 you or your employer lawyer can send it to USCIS
and does this delay the I-485 approval process ?
----no

If the new company files for AC21, do they take ownership of the Permanent Residency application and can my previous employer who filed for I-485 revoke my approved I-140, Labor and pending I-485 ?
--------------------- if I-140 is approved and I-485 pending more than 180 days you are safe. past employer can revoke the I-140, it depends when he sends letter to revoke.
I know that the new job has to be similar to my old job...but I am just not sure of what risks I face while applying for AC21 in terms of jeopardizing my I-485 application.
-------read the AC21 memo
Also when I apply for the new job, can I say I am authorized to work in the US under the new employer or would I have to ask them to sponsor my EAD
----------- EAD is based on pending I-485 and YOU have to apply for it
or H1 visa before I can start working for them ?
------------- better join with H1 trasfer as good back up.
**** reading your details below you are eligible for AC21 and are safe even if employer sends letter to revoke the I-140. as you have USED EAD you cant get H1 trasfer or H1 extension
My Details :
I-140 and Labor Approved
PD : Aug 2002
I-485 RD : March 2003
Currently on Third EAD
Country of Origin : India
EB3 Category
2FP Done in December 2004

Thanks to all those that respond...apologies for reposting these basic questions. Just a little frustrated that this process is taking so long.

 

[defleopard22]

Ginnu,
Do we need to file Ac21 or notify INS about changing employer?
My new employer is not willing to give a letter describing my job duties.

 

[ginnu]

Ginnu,
Do we need to file Ac21 or notify INS about changing employer?
------------------ better is to update USCIS if you want to use AC21, many say wait for RFE. If I am in your situation and change employer I will update the USCIS
My new employer is not willing to give a letter describing my job duties.
------------ if new employer is not giving future permanent job offer letter with same/similar job duties then how you will invoke AC21? search/join new employer who is ready to give you that letter.