AC21 doc requirements/prevention

H

hkhr

Registered Users (C)
Gurus,

I have accepted a job at another company and its time to invoke AC21.
My 140 is approved and I-485 was filled over 1 1/2 yr ago.

Can you please answer these questions.

1. Can someone please provide AC21 sample letter.
2. How to be safe with "Simmilar job" clause.
3. What documents, I would need to start the process.
4. My EAD would expire in feb. Should I file for it before invoking AC21 or
after AC21.



thank you everyone.
regards.
 
hkhr said:
Gurus,

I have accepted a job at another company and its time to invoke AC21.
My 140 is approved and I-485 was filled over 1 1/2 yr ago.

Can you please answer these questions.

1. Can someone please provide AC21 sample letter.
-------search the threads it has been posted many times or ask your lawyer
2. How to be safe with "Simmilar job" clause.
-------------your job duty or skill need to be same/similar as on LC
3. What documents, I would need to start the process.
-----------new employer permanent job offer letter with same/similar job duties, copy of I-485 filing reciept+cover letter
4. My EAD would expire in feb. Should I file for it before invoking AC21 or
after AC21.
--------------File the EAD Now or in November, EAD has nothing to do with AC21, EAD AP are based on pending I-485



thank you everyone.
regards.
Click to expand...
 
This message is for Ginnu,

I have I-485 pending for more than 180 days which I filed with the I-140(EB3) approval from my previous company and I don't work for them. Currently I work for a different employer and I got my labor approved and filed my I-140 in EB2.
Original PD = 06/2000 and new PD = 07/2003. My PD is current.
Is it advisable to file AC21 or interfile new I-140 from my current employer.
My job titles are similar, but job duties are sligthly different.
Please advise.

Thanks in advance.
 
rirlaborCT said:
This message is for Ginnu,

I have I-485 pending for more than 180 days which I filed with the I-140(EB3) approval from my previous company and I don't work for them.
Currently I work for a different employer and I got my labor approved and filed my I-140 in EB2.

Original PD = 06/2000 and new PD = 07/2003. My PD is current.

Is it advisable to file AC21 or interfile new I-140 from my current employer.

------------ your new I-140 is not approved at this time once approved one can interfile(did you wrote your A# on I-140 form?? that is on your I-485 filing reciept) did the lawyer write on cover letter that your PD is 06/2000 and requested it to recapture
My job titles are similar, but job duties are sligthly different.
Please advise.
------------ your PD is 06/2000, the case should have been approved? I dont see why the delay you can invoke AC21, GC is for future job after I-485 approved, get the letter with same/similar job duties and send request to invoke AC21

Thanks in advance.
Click to expand...
 
Hi Ginnu,

Thanks for your reply.
I did file my I-485 on my own. My lawyer filed my new I-140 with my current employer. He did not include A# and did it write anything to recapture my old PD of 6/2000?
Can you please advise. Is it required to write A on I-140??
Will this cause any problem?
Will USCIS automatically relink new I140 with the pending I-485??
If USCIS doesn't relink, can I ask them to relink my I-485 with new I140.
Also can I relink with EB2 I-140 to old EB3 I-140?

Please answer.
 
rirlaborCT said:
Hi Ginnu,

Thanks for your reply.
I did file my I-485 on my own. My lawyer filed my new I-140 with my current employer. He did not include A# and did it write anything to recapture my old PD of 6/2000?
Can you please advise. Is it required to write A on I-140??

-------------- once a person has A# he should write that A# so that in USCIS records with your name,Dob they can check what petion filed or pending .USCIS can pull all your Info with A#. for example if earlier I-140 is denied/revoked then USCIS will not deny the I-485 if they dicover if the person has any other I-140 pending, if they have A# on your second I-140 then it will be linked to your A file
Will this cause any problem?
-----Many time a person gets dual A# if does not list earlier A# and it can delay the process at the time of I-485 approval or at the time of citizenship because they consolidate all the files with your name, DOB and A#

Will USCIS automatically relink new I140 with the pending I-485??
-------------NO, you should have wriiten A# on new I-140. with A# the USCIS could have discovred that you have other I-140 pending. even if you write A# and second I-140 gets approved and you want it to be Interfiled with pending I-485, you need to make a request to USCIS so that they attach the copy of your I-140 approval(that you provide) with pending I-485 file
If USCIS doesn't relink, can I ask them to relink my I-485 with new I140.
-----------------yes, do it after second I-140 approval only if you need your I-485 to be approved based on new I-140.
Also can I relink with EB2 I-140 to old EB3 I-140?
-----------YES, but you have early PD of EB3 why not to use AC21??
Please answer.
Click to expand...
 
Hi Ginnu,

If I relink new I-140 EB2 with PD of 7/2003 to the old I-140 EB3 with PD 0f 6/2000 then will I get my old PD of 6/2000 or new PD 0f 7/2003??

Also I had one A# when in F1 OPT. Now I have a different A# in I-485.
Will these different A# cause any problems or cause any delay.??
I know that my Name Check has been cleared.

Please help.

Thanks in advance.
 
Last edited by a moderator:
rirlaborCT said:
Hi Ginnu,

If I relink new I-140 EB2 with PD of 7/2003 to the old I-140 EB3 with PD 0f 6/2000 then will I get my old PD of 6/2000 or new PD 0f 7/2003??
-----------if you want your I-485 approved on the base of old PD 6/2000 why you want to relink or interfile your new I-140 with pending I-1485???? If you think that past I-140 may be revoked(before I-485 pending more than 180 days) then only interfile new I-140 and your lawyer should know what to do in that situation.

Also I had one A# when in F1 OPT. Now I have a different A# in I-485.
Will these different A# cause any problems or cause any delay.??
-------may be or may be not.now use your A# that is on I-485 filing reciept

I know that my Name Check has been cleared.
--------------that is good, may be they know all your A#
Please help.

Thanks in advance.
Click to expand...
 
Hi Ginnu,

I wanted to relink my I-485 with new I-140 approval (PD of 7/2003) from my current employer only if USCIS asks to prove bonafide agreement with my previous employer at the time of filing I-485.
I filed I-485 without a letter.
So in case if I relink I-485, will I get PD of 6/2000 or new PD 7/2003

Please help

Thanks!
 
rirlaborCT said:
Hi Ginnu,

I wanted to relink my I-485 with new I-140 approval (PD of 7/2003) from my current employer only if USCIS asks to prove bonafide agreement with my previous employer at the time of filing I-485.
----------bonafide agreement is not needed, employer files GC for future job, Job offer letter is neede
I filed I-485 without a letter.
-----------USCIS will send RFE and then send new employer job offer letter and invoke AC21 if I-485 is pending more than 180 days and I-140 was approved.
So in case if I relink I-485, will I get PD of 6/2000 or new PD 7/2003
-----------as your did not provide A# on I-140 form and lawyer did not write on cover letter to recapture the Early PD by providing early I-140 approval notice or I-140 filing reciept USCIS is not automaticaly going to Interfile your new I-140 with pending I-485. you may get early PD if lawyer provide the copy of approved I-140.


Please help

Thanks!
Click to expand...
You have PD of 6/2000, I don’t know if the LC was filed for you or you used LC substitution. If the past employer revoked the I-140 and used the LC for other candidate and filed I-140 and that person filed I-485 and his I-485 gets/got approved before your I-485 then your I-485 can be denied(if USCIS is unable to find that you have other I-140 pending or approved). In past many have discussed it and I don’t want to discuss this topic again. You must discuss your all the details with your present lawyer.
Good Luck!!
 
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