AC21 Need Help

S

sbabunle

Registered Users (C)
Hello Guyz
I'm AC21 Eligible ( 140 approved 485 is 6Months + ). I would like
to change employer. As per the contract I've to give 1 month notice.
Now what would happen if they revoke during the notice period. ie
I've 29 days to start with the new place and old company put a letter
to revoke 140. How do I work this around? Can I send AC21 letter before
I start with the company with a job offer? Please tell me the risks here
and the things to take care.

thanks
babu
 
If new employer has given you offer, then you may invoke AC21 by sending the new EVL from new employer and G28(to change representation). Mention the date of start with new employer. Nothing to worry about.

sbabunle said:
Hello Guyz
I'm AC21 Eligible ( 140 approved 485 is 6Months + ). I would like
to change employer. As per the contract I've to give 1 month notice.
Now what would happen if they revoke during the notice period. ie
I've 29 days to start with the new place and old company put a letter
to revoke 140. How do I work this around? Can I send AC21 letter before
I start with the company with a job offer? Please tell me the risks here
and the things to take care.

thanks
babu
Click to expand...
 
sbabunle said:
Thank you for the reply. Could you please tell me what is EVL?

thanks
babu
Click to expand...

EVL = Employment Verification Letter. Bascially describing you job position, title, duties, start date, salary, etc. Make a search in the forum and you find various samples for EVL for AC21.

all the best,
 
sbabunle said:
Thank you for the reply. Could you please tell me what is EVL?

thanks
babu
Click to expand...
New permanent job offer with same/similar job duties+ copy of I-485 filing receipt and request letter to invoke AC21 with Name, DOB, A# I-485 filing receipt# (if filing through Lawyer then also G28)
 
Thanks again guys. I asked my lawyer and I got the following message.

====================================================
As the attorney handling the green card case for you and your sponsoring employer, we are limited in what we are permitted to provide to either client in this three party relationship. We can tell you what is the law and respond to general questions about the AC21 green card portability law. If there is a statement or indication that a person for whom a client filed an I140 is utilizing the benefits provided under the AC21 green card portability law, we are unable to facilitate the ending of that employment relationship and may be required to disclose those statements to the sponsoring employer.

The law regarding AC21 green card portability states that when an I140 petition is approved and the I485 for the I140 beneficiary is pending at least 180 days, if the job offered by the I140 petition is no longer there the I485 applicant can remain eligible for adjustment of status with a new job offer in the same or similar occupational category of the original job offer. The same or similar requirement is generally satisfied by comparing the duties of the original job offer to the duties of the new job offer. The I140 petitioner can revoke the I140 until the point at which the beneficiary becomes a permanent resident. Consequently, it may be in one's best interest to maintain H1B status at all times in case USCIS erroneously denies an I485 Application.

At this time we are unable to provide any specific advice to you about ending your relationship with your sponsor. We cannot answer specific questions about nor provide advice in connection with ending the relationship with the sponsoring employer without a specific email from the company authorizing such discussions. We understand that you continue to remain employed with the sponsoring employer.
===================================================

After reading the above I kinda got scared. If I let my attorney know that
I'm gonna use AC21 they will let my employer know it. If employer knows
it they will revoke 140. What would be a good method to switch job? Dont
let the atty know and just file AC21 on my own?


thanks
babu
 
sbabunle said:
Thanks again guys. I asked my lawyer and I got the following message.

====================================================
As the attorney handling the green card case for you and your sponsoring employer, we are limited in what we are permitted to provide to either client in this three party relationship. We can tell you what is the law and respond to general questions about the AC21 green card portability law. If there is a statement or indication that a person for whom a client filed an I140 is utilizing the benefits provided under the AC21 green card portability law, we are unable to facilitate the ending of that employment relationship and may be required to disclose those statements to the sponsoring employer.

The law regarding AC21 green card portability states that when an I140 petition is approved and the I485 for the I140 beneficiary is pending at least 180 days, if the job offered by the I140 petition is no longer there the I485 applicant can remain eligible for adjustment of status with a new job offer in the same or similar occupational category of the original job offer. The same or similar requirement is generally satisfied by comparing the duties of the original job offer to the duties of the new job offer. The I140 petitioner can revoke the I140 until the point at which the beneficiary becomes a permanent resident. Consequently, it may be in one's best interest to maintain H1B status at all times in case USCIS erroneously denies an I485 Application.

At this time we are unable to provide any specific advice to you about ending your relationship with your sponsor. We cannot answer specific questions about nor provide advice in connection with ending the relationship with the sponsoring employer without a specific email from the company authorizing such discussions. We understand that you continue to remain employed with the sponsoring employer.
===================================================

After reading the above I kinda got scared.
If I let my attorney know that
I'm gonna use AC21 they will let my employer know it.
------------ they can inform the employer
If employer knows
it they will revoke 140.
---------- yes, he can send letter to revoke I-140
What would be a good method to switch job?
Dont
--------------- get the letter from new employer and invoke AC21 or use the New comany lawyer to file AC21 or hire YOUR lawyer to file AC21
let the atty know and just file AC21 on my own?
---------------- why did you go to your present company attorney ???? and you also told that you want to change employer. it is a mistake. you should have asked the new employer lawyer to file AC21 or file AC21 directly and keep the copy of document that you send to USCIS

thanks
babu
Click to expand...
 
Thanks Ginnu.
I'm in the process of interviews. Hopefully I could zero in an employer
soon. No I dont let my company atty know this thing. Actually nobody
knows it.

One problem here is that I dont know what exactly is written
in my job description for I140. My title is programmer analyst. Where is
that written? in the 140 application?

thanks
babu
 
sbabunle said:
Thanks Ginnu.
I'm in the process of interviews. Hopefully I could zero in an employer
soon. No I dont let my company atty know this thing. Actually nobody
knows it.

One problem here is that I dont know what exactly is written
in my job description for I140. My title is programmer analyst. Where is
that written? in the 140 application?
*** skills are written on LC form ETA750A Column# 13
thanks
babu
Click to expand...
 
Wage difference between old job and new offer

Ginnu/others


I have a question about the wages for AC21. Please read below a snippet from Yates memo dated December 27, 2005.


Let us say on the apporved labor the salay offered is 60k, at the time 140 was filed salary being paid was 90k and the new job offer is 125k,
How will USCIS view this ? What are the issues.


Yates MEMO
==========

Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
 
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