AC21 not filed...

E

engineering

Registered Users (C)
Hello Friends,

I changed the employer last year and my new employer did not file AC-21.

My current status is : Recevied the Welcome Notice 45 days ago but yet to get the physical card.

Received the 3rd FP notice today .

My PD is : Aug 2002
My I485 RD: July 2004
1st FP: Mar 2005
Changed employer: Aug 2006
2nd FP : Aug 2007 Code 3
3rd FP scheduled in : Oct 2007 Code 2

1.What are the implication for not filling AC-21 and also is it still ok to file now.
2. My 3rd FP is for Code 2. Any ideas what code 2 means.
3.My wife is dependent on me but she is still yet to get the Welcome Notice as well as the 3rd finger printing notice.What is the procedure for her also to get the above.

Thanks in Advance
 
engineering said:
Hello Friends,

I changed the employer last year and my new employer did not file AC-21.

------------ new Employer is not supposed to file AC21 for you . I-485 belongs to YOU and You or your lawyer should file AC21 with pending I-485.

My current status is : Recevied the Welcome Notice 45 days ago but yet to get the physical card.

Received the 3rd FP notice today .

My PD is : Aug 2002
My I485 RD: July 2004
1st FP: Mar 2005
Changed employer: Aug 2006
2nd FP : Aug 2007 Code 3
3rd FP scheduled in : Oct 2007 Code 2

1.What are the implication for not filling AC-21 and also is it still ok to file now.
---------------------If you don’t file AC21 Before I-485 gets approved then your I-485 gets approved based on the job offer of employer who gave job offer letter that was sent with I-485. If A gave letter of job offer then GC or I-485 is approved on the base of job offer letter of A and after getting GC you need to work with A as you intended to work with A if don’t work with A then you may face problems at the time of citizenship or A can send complaint to USCIS that you never worked with A after GC and that is fraud on your part to just get GC through A and not working with A. go to your lawyer and seek legal advice according to your situation

Thanks in Advance
Click to expand...

-----------------
 
This is posted by a very good lawyer

Question of Obligation of 485-Approved-Alien to Work for the Employer

As more people will get 485 approvals, people question what their obligations are under the law.
Without doubt, Green Card does not mean one will become a permanent slave to the employer. Then what is their obligation?
There is no hard and fast rule on the question. It is basically the issue of "intent" of the employer and alien employee. For instance, if the employer sponsored green card with no intention to keep him/her indefinitely, employer was commiting "fraud." The same is true if the alien employee applies for green card with no intention to work for the employer indefinitely. It all boils down to question of "real intent" which is a "state of mind" that can be established by either a direct evidence or circumstantial evidence.
If one starts going into the open market to look for a permanent job with another employer and intends to move to the second employer as soon as the green card is granted through the current employer, it should be a classific example of fraud. Should the USCIS obtain such evidence, the USCIS may start cancellation proceeding. Additionally, if one quits the job as soon as one gets the green card approval, it will be construed as reflection of the state of mind of the alien that he/she did not have any intention to work for the employer. There are two relevant analogies on the required period of employment. DOL defines permanent employment as the one that lasts for a year or longer. On the other hand, in the nonimmigrant context, both the INS and the DOS adopt so-called the rule of presumption of misrepresentation in case an alien enters the U.S. on a certain type of visa and within 60 days attempts to change the status to other nonimmigrant visa or immigrant status. However, when it comes to presumption of certain state of mind, no court will accept one year period of time as the basis of determining one's state of mind. It is a close call, but unless there is a clear and direct evidence that the alien had such state of mind, it should be much less period than one year and definitely more than two or three months.
If an alien loses the job as soon as he/she gets the green card because of the factors which are beyond their control, the alien will be in good shape. For instance, if the alien is terminated by the employer within one week for whatever reasons, he/she will be in good shape. If the company shuts down in a few days, the alien will be in good shape, even though there is a question of employer having committed a misrepresentation as to the issue of continuing existence of permanent job at the time of USCIS approving the green card.
Please do not assume that even if one commits such a wrongdoing, one will permanently escape the net. In various occasions in the future, including naturalization application or immigrant petition for family members, it may haunt and throw another opportunity for the USCIS to review his/her immigration history. Wise persons will not form a "preconceived intent" to use the employer for the sole purpose of obtaining green card and immediately abandone that employer as soon as his/her scheme is achieved. Please remember that inasmuch as such state of mind was not formed at the time of obtaining the green card, but certain circumstanstances have developed afterwards, one is in good shape. Time of intent and time of act will be critically important when such legal tangle develops
*** the Poster I-140 and job offer letter that attached with I-485 are from Employer A and he was eligible to use AC21 that he did not use or informed USCIS and at the time of US citizenship officer will have his I-485 file before him and can ask why he did not work for A after GC approval as officer will have no info if he requested AC21.
 
ginnu said:
at the time of US citizenship officer will have his I-485 file before him and can ask why he did not work for A after GC approval as officer will have no info if he requested AC21.
Click to expand...

So what? USCIS has clearly and consistently said in writing that the alien is under no obligation to inform USCIS when switching jobs using AC21.
 
engineering said:
Hello Friends,

I changed the employer last year and my new employer did not file AC-21.

My current status is : Recevied the Welcome Notice 45 days ago but yet to get the physical card.

Received the 3rd FP notice today .

My PD is : Aug 2002
My I485 RD: July 2004
1st FP: Mar 2005
Changed employer: Aug 2006
2nd FP : Aug 2007 Code 3
3rd FP scheduled in : Oct 2007 Code 2

1.What are the implication for not filling AC-21 and also is it still ok to file now.
2. My 3rd FP is for Code 2. Any ideas what code 2 means.
3.My wife is dependent on me but she is still yet to get the Welcome Notice as well as the 3rd finger printing notice.What is the procedure for her also to get the above.

Thanks in Advance
Click to expand...
Please read the link from Murthy law office
http://www.murthy.com/news/n_risres.html
 
ginnu said:
Please read the link from Murthy law office
Click to expand...

Ginnu, it's one isolated case out of thousands of individuals that have not notified USCIS. Besides you and I both know that there are thousands more who have proactively notified USCIS only to have their correspondence lost or ignored.

Why are you trying to scare people?
 
TheRealCanadian said:
Ginnu, it's one isolated case out of thousands of individuals that have not notified USCIS. Besides you and I both know that there are thousands more who have proactively notified USCIS only to have their correspondence lost or ignored.

Why are you trying to scare people?
Click to expand...

I am not trying to scare the people they have lawyer to discuss individual cases. I just posted what I read and I don’t see any harm if person file for AC21 with certified return receipt and keeps the copy of documents sent to USCIS. they can ignore what i post and can ask his/her lawyer if they need to file AC21 or not.
 
Did I properly understand that to be able to prove a permanent intent to work for a company and not to be nailed at the citizenship step, one should stay with the company for at least a year after GC approval? :confused:
 
sometwo said:
Did I properly understand that to be able to prove a permanent intent to work for a company and not to be nailed at the citizenship step, one should stay with the company for at least a year after GC approval? :confused:
Click to expand...
Many lawyer say stay with company after getting GC for minimum5-6 months.
http://www.immigrationportal.com/showthread.php?t=154533

Please see Rajiv's opinion about 'changing job' after GC. This is also part of Immigration.com FAQ. Let us not discuss on this anymore.


--------------------------------------------------------------------------
Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?

A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
 
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Ginnu, I disagree...

I agree with RealCandadian - in this context (after GC is approved), it would be better not to inform USCIS about AC21/Change of employer....

As per the law under AC21 (Yates Memos) - the memos clearly say that USCIS need not be informed! It's purely optional....

The AC21 documentation is the new Mantra created by lawyers to earn more money from GC applicants.....IT's JUST A REVENUE GENERATING MECHANISM FOR LAWYERS - FILING AC21 DOCUMENTATION! Hee Hee!
 
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If USCIS really wanted to know about change of employer - USCIS would have introduced a Form 111 where in 485 applicants could inform USCIS appropriately....They never did that....
Hence, they never expect change of employer information to be communicated to them!
 
I concur with Real Canadian

AC 21: After a period of 6 months from the date of I-485 submission, once an EAD issued, the beneficiary is free to change employer even before I-485 approval. I know a few have done this and no letter of sort (AC21) has been sent to USCIS. They were interviewed later on and in the interview, the new employer's financial statements were produced and recently their AOS has been approved.

GSVS
http://www.dictinfo.com
 
Here's the Deal

In case you are pretty confident that employer will not revoke I 140 but you also want to file AC21 just for safety file it in the service center where you did NOT file your I-485 and keep a record for that.
Chances are you will get your GC approval without explaining about AC21. In case shit happens you have a proof of filing AC21.
Given the efficieny at USCIS, the chances of the IO looking at your AC21 and giving you an RFE on that is minimal.... and you are legally covered
 
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