AC21- Case I-485 Approved.......

nkjohri said:
Aaron13 - What may happen if I were to leave my GC sponsoring employer within 6 months after approval ?
Is there anything the employer can do to hurt me or is there any reason why INS would ask for employement verification,etc after approval.

Thanks,
Nakul
Click to expand...


Nakul,

There is no law governing this issue, but rule of thumb is that you should stay with your GC sponsor for at least 6 months after GC is approved. If you dont, you may have trouble when applying for citizenship later. I dont think your employer can hurt you, but the USCIS will look at your employment history when you apply for citizenship.

This thead is very inactive, no one asks my question which was posted almost a week ago. The thead on "lawsuit" has more than 15-20 new posts everyday. This is disappointing!
 
Employer is not giving labor certification

Gurus,
please help me. I got my I140 approved and I485 is pending on a substitue labor. I am planing to invoke AC21. I have I140 approval notice and I485 recipt notice but dont have my labor approval or I140 application. My employer/Lawyer didnt provide that to me and now they r refusing to give it to me.

Can I still use AC21 or I am stuck?
Is there any way I can get a copy of labor certification legally?
 
Don't panic. Go to http://www.flcdatacenter.com/CasePerm.aspx
Select the year in which your labor was filed. Download the file and search for your company's name. If you know approx the dates around which your labor was filed, you'll see the info like what was job title, salary and SOC code. Get the SOC code, find the duties for that SOC code and have your new AC21 employer mention similar duties on EVL letter while filing for AC21.

bbb1974 said:
Gurus,
please help me. I got my I140 approved and I485 is pending on a substitue labor. I am planing to invoke AC21. I have I140 approval notice and I485 recipt notice but dont have my labor approval or I140 application. My employer/Lawyer didnt provide that to me and now they r refusing to give it to me.

Can I still use AC21 or I am stuck?
Is there any way I can get a copy of labor certification legally?
Click to expand...
 
If the invoking the AC21 is rejected, does it mean I can not join the new job or my I485 will be rejected?
 
If the invoking the AC21 is rejected, does it mean I can not join the new job or my I485 will be rejected?
 
I-140 Approved, changed employers can I use AC21

Hi Gurus,
I was with company A which filed LC and I-140, did not file 485 since retrogress. Both got approved. Company A laid me off . I switched to company B. It'e been more then a year my I-140 got approved with company A. Can i use AC21 and file 485 based on the approved I-140 of A's?

Thanks
 
Approved on 23rd June 2007

PD: 09/2002, EB3 India

485 filed: 04/28/2004

Ac 21 portability( job changed): 05/2006


I got approval email yesterday. No RFE. Sent the letter to INS in June 2006 as i changed the job and included a letter from my new Employer stating my new Job responsibilities, Title and Salary.
 
approved on 06-22-07

I filed AC-21 twice.

first in Aug '05

second in Apr '06

There were no complications in my case but it took 3+ yrs to process my I-485.

Good Luck to folks who are waiting.

Cheers.
 
Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...
 
PERM2006 said:
Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...
Click to expand...

Do not use AC21 withouthaving the proof of I-140 approval. It is very risky and delay prone process. Wait till I-140 approval
 
PERM2006 said:
Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...
Click to expand...

if you want to file AC21 file AFTER your I-140 gets APPROVED.
 
What next after this MTR notice?Anyone else in same boat?

My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
 
mohicanMTR said:
What next after this MTR notice?Anyone else in same boat?

My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
Click to expand...

Hello...

I would like to know if you and your spouse 485 both got denied or jusy yours.My attorney asked to wait for spouse denial to open MTR.

Do you think we have to wait for spouse denied letter or just go ahead and apply MTR?

Thanks!
 
You must log in or register to reply here.
Top