AC21 help: Ginnu/UN

[phuket]

Hi All (Ginnu/UN),
have a burning question about AC21 and its effect.
I'm changing employers end of this month (Jul 29)

Both my 140/485 (EB3) have been pending since Sep 04. Though
according to the May 05 yates memo my petition is portable, I wanted to
know what happens in case another RFE is issued (one was already issued
and responded to) on my 140.

To whom will the RFE be sent to ?
If my new employer assumes charge of my case through AC21, will the
RFE be sent to the new employer (lawyer) or do they (INS) still expect the
RFE (if any) to be responded by the old employer ?

I'm not sure what the current (soon to be old) employer intends to do
with the 140. Asusming the worst (ie, withdrawal), what are the possible
outcomes w.r.t my case ?

Any help/response is greatly appreciated

Phuket

 

[grunggy]

Originally Posted by phuket
Hi All (Ginnu/UN),
have a burning question about AC21 and its effect.
I'm changing employers end of this month (Jul 29)

Both my 140/485 (EB3) have been pending since Sep 04. Though
according to the May 05 yates memo my petition is portable, I wanted to
know what happens in case another RFE is issued (one was already issued
and responded to) on my 140.

To whom will the RFE be sent to ?
If my new employer assumes charge of my case through AC21, will the
RFE be sent to the new employer (lawyer) or do they (INS) still expect the
RFE (if any) to be responded by the old employer ?
If you have changed your G-28 form to the new lawyer it should go to him.
I'm not sure what the current (soon to be old) employer intends to do
with the 140. Asusming the worst (ie, withdrawal), what are the possible
outcomes w.r.t my case ?
From the 2003 memo.

Employer's Revocation of I-140 before 180 Days
If the I-140 is revoked prior to the 180-day point or prior to approval of the I-140 petition, then the I-140 petition is no longer valid and the I-485 will have no basis for approval under AC21.

Read the memo I included below. It explains things better
Any help/response is greatly appreciated

Phuket

__________________

A prior USCIS Memo on this topic essentially required that the I-140 be approved in order for an individual to use AC21. The job offer underlying the I-140 had to remain in effect until the I-140 was approved. Thus, if the case reached the 180-day mark, but the I-140 was not yet approved, the individual could not safely move to a new job under AC21. But under the yates memo (May 2005) a few things have now changed again.
This will answer more of your questions.
http://www.murthy.com/news/n_yatmay.html (yates memo 2005)
http://www.murthy.com/news/UDportme.html

 

[cala]

There is some risk since your I-140 has not been approved. If RFE is issued by CIS, it will go to your old employer. If they do not answer or want to withdraw it, you will get denied on I-485 since the I-140 is not valid anymore. However, if there is no RFE and CIS approved your I-140, you will be OK under AC21. If I were you, I would not take any chance to change job now.

Hi All (Ginnu/UN),
have a burning question about AC21 and its effect.
I'm changing employers end of this month (Jul 29)

Both my 140/485 (EB3) have been pending since Sep 04. Though
according to the May 05 yates memo my petition is portable, I wanted to
know what happens in case another RFE is issued (one was already issued
and responded to) on my 140.

To whom will the RFE be sent to ?
If my new employer assumes charge of my case through AC21, will the
RFE be sent to the new employer (lawyer) or do they (INS) still expect the
RFE (if any) to be responded by the old employer ?

I'm not sure what the current (soon to be old) employer intends to do
with the 140. Asusming the worst (ie, withdrawal), what are the possible
outcomes w.r.t my case ?

Any help/response is greatly appreciated

Phuket

 

[ginnu]

Hi All (Ginnu/UN),
have a burning question about AC21 and its effect.
I'm changing employers end of this month (Jul 29)

Both my 140/485 (EB3) have been pending since Sep 04. Though
according to the May 05 yates memo my petition is portable, I wanted to
know what happens in case another RFE is issued (one was already issued
and responded to) on my 140.

To whom will the RFE be sent to ?
------------ if the RFE related to I-140 then to Lawyer or employer who filed I-140. If I-485 for RFE it will go to Lawyer who filed I-485, if you change lawyer and lawyer sends new G28 to USCIS then RFE for I-485 will come to new Lawyer
If my new employer assumes charge of my case through AC21, will the
RFE be sent to the new employer (lawyer) or do they (INS) still expect the
RFE (if any) to be responded by the old employer ?
---------------------- read above
I'm not sure what the current (soon to be old) employer intends to do
with the 140. Asusming the worst (ie, withdrawal), what are the possible
outcomes w.r.t my case ?
------------------------------- Dont change employer at this stage, better change after I-140 gets approved to be safe
Any help/response is greatly appreciated

Phuket
------------ Fhuket main kush nahin milta!!!