AC21 - Notifying about New Employer Requirement

R

rambaba

Registered Users (C)
Dear Gurus

I changed sponsoring employer 2 years back after I-140 is approved and I485 more than 6 months. After that I have changed 2 more times. Currently I am with this new employer for almost 1.5 years.

On June 1st my priority date will be current.

AC-21 memo states that it is "recommended" to proactively file AC-21 to notify employer change. The law does not seem to state that it is "required" to file.

My feeling is that if I-485 is approved then I am supposed to work for the company who sponsored the I-140 (unless I notify about ac21).

But many of my friends and other forum member here says that it is not required to notify. So, even if I-485 is approved it wont hurt anything. One of the forum member says his experience in talking to Rajiv Khanna also. Could any of them confirm this please.

In case I need to file, what are the documents I would need other than cover letter, new employer letter. Is lawyer required for such things.

Please let me know asap.

Thanks
 
rambaba said:
Dear Gurus

I changed sponsoring employer 2 years back after I-140 is approved and I485 more than 6 months. After that I have changed 2 more times. Currently I am with this new employer for almost 1.5 years.

On June 1st my priority date will be current.

AC-21 memo states that it is "recommended" to proactively file AC-21 to notify employer change. The law does not seem to state that it is "required" to file.

My feeling is that if I-485 is approved then I am supposed to work for the company who sponsored the I-140 (unless I notify about ac21).

But many of my friends and other forum member here says that it is not required to notify. So, even if I-485 is approved it wont hurt anything. One of the forum member says his experience in talking to Rajiv Khanna also. Could any of them confirm this please.

In case I need to file, what are the documents I would need other than cover letter, new employer letter. Is lawyer required for such things.

Please let me know asap.

Thanks
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I am on same boat, I filed AC-21 first time when I changed company after that I changed twice and never filed AC-21

I am not going to do it again this time, after june 1st I think they will send approvals for all pre adjudicated cases, but I suggest take some attorney advice
 
I am also in similar boat. My attorney filed AC 21 when I moved to another state of same employer who sponsored GC. That means, after AC21 and before AC21 I am working for same employer, with same skills and position, but different location. I have moved to another location after 140 approved and 485 is pending more than 180 days.

Is anyone has used AC21 for the same employer and got 485 approved or denied or received RFE? Please post experience or opinion. I am worried as my PD is very close and it might become current at any time.
 
guldukan

When contacing attorney, please ask if there will be any NEGATIVE IMPACT of sending Ac-21 letter at this last juncture. If there will be any slightest impact on possible approval after June 1st. I will keep quiet without doing anything. My attorney says it helps if they are planning to send RFE since it saves time by sending AC21 letter proactively and he also says that we need to file ac-21 even 1 day before we get GC. It means AC-21 will not impact if designation, pay, location, permanent offer rules are fine. So I preferred to send this letter through attorney only.

We can watch and compare your information too on this.
Thnx.
guldukan said:
I am on same boat, I filed AC-21 first time when I changed company after that I changed twice and never filed AC-21

I am not going to do it again this time, after june 1st I think they will send approvals for all pre adjudicated cases, but I suggest take some attorney advice
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I was also told that since long time passed since we applied for 485, we may equally expect to receive RFEs regarding job status from june 1st. But we are not sure which way USCIS will resort to do with priority dates movement. if they really do not want to give many approvals, they may send RFEs instead of approvals. They can stand right by doing so as per the law.
 
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KMax said:
I confirm it for all of you guys! Go and live your lives carefree.
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Thanks for all your inputs.

KMax,

Could you please share with us regarding where you got this information. Did you get this confirmation from your lawyer.
 
Why bother with sending an AC21 letter if you're staying with the same employer? Isn't the main purpose of it to protect yourself if the employer revokes the I-140? Obviously they aren't going to revoke the I-140 if you're staying with them.
 
Well. Ac21 comes into picture only when changed jobs and changing employer is unavoidable in certain circumstaces.

And AC21 is not only for I-140 revoking defence. Having AC21 info filed with USCIS avoids any RFEs and makes easy for Citizenship at a later point of time.

Jackolantern said:
Why bother with sending an AC21 letter if you're staying with the same employer? Isn't the main purpose of it to protect yourself if the employer revokes the I-140? Obviously they aren't going to revoke the I-140 if you're staying with them.
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