AC21 question

C

chandhubcs

Registered Users (C)
Hi All,

I would like to use AC21 portability. I did concurrent filing on Jun 30, 2006 at Nebraska center. The main reason for me to use AC21 is that my employer is paying me very less salary from past 4+ years and even charging some money for doing GC. Since my I-140 is approved recently, I wanted to use AC21 portability with the client where I am working since more than 2 years presently. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. This is my 8th year extension. Here are my details
- Substitution labor priority date is January 3, 2002
- EB2 category
- I-140 filed on June 30, 2006. Approved on Jan 15, 2007
- Got EAD
- I-485 filed on June 30, 2006, waiting for approval

Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.
- what if my employer revokes my I-140 (although it got approved)?
- Does my I-485 has any issues if I use AC21?
- Do I need to let USCIS know that I have moved to new employer?
- What if my employer doesn't provide me LC/140 job duties and/or salary to use AC21?

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
 
chandhubcs said:
Hi All,

I would like to use AC21 portability. I did concurrent filing on Jun 30, 2006 at Nebraska center. The main reason for me to use AC21 is that my employer is paying me very less salary from past 4+ years and even charging some money for doing GC. Since my I-140 is approved recently, I wanted to use AC21 portability with the client where I am working since more than 2 years presently. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. This is my 8th year extension. Here are my details
- Substitution labor priority date is January 3, 2002
- EB2 category
- I-140 filed on June 30, 2006. Approved on Jan 15, 2007
- Got EAD
- I-485 filed on June 30, 2006, waiting for approval

Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.
- what if my employer revokes my I-140 (although it got approved)?

*********** if your I-485 is pending more than 180 days and I-140 approved you are protected by AC21
- Does my I-485 has any issues if I use AC21?
****** not a problem if you get new job offer letter with same/similar job duties
- Do I need to let USCIS know that I have moved to new employer?
*************** when you invoke AC21 you inform the USCIS by sending new job offer letter+I-485 filing reciept copy +cover letter and you make a request to invoke AC21. take the help of New employer Lawyer
-------- What if my employer doesn't provide me LC/140 job duties and/or salary to use AC21?
------------------ dont you know your job duties?? copy of LC or I-140 is not needed to use AC21
What all I need to do if I want to use AC21 portability.
------------ talk to your new company lawyer or search the threads and also read latest AC21 Memo.
Thanks & Regards,
Click to expand...
** it is better to join new employer with H1 transfer. AC21 is invoked with pending I-485. having H1 status is good back up.
 
Thanks Ginnu....I know my job duties presently, but I bought Substitution Labor and I am wondering what would be the job duties mentioned in that Substitution Labor or I-140. My employer is not disclosing the job duties mentioned in the Substitution Labor or I-140.
 
chandhubcs said:
Thanks Ginnu....I know my job duties presently, but I bought Substitution Labor and I am wondering what would be the job duties mentioned in that Substitution Labor or I-140. My employer is not disclosing the job duties mentioned in the Substitution Labor or I-140.
Click to expand...
do you have the copy of LC that you used for filing I-140. Form ETA750A item 13 has the job duties.
 
Infact, if you used substitution LC....you would have re-applied Part B (of the Labor Certification application)....so...you could pretty much use a summary of the Part B - Job Duties...
 
chandhubcs said:
Thanks Ginnu....I know my job duties presently, but I bought Substitution Labor and I am wondering what would be the job duties mentioned in that Substitution Labor or I-140. My employer is not disclosing the job duties mentioned in the Substitution Labor or I-140.
Click to expand...

That's stupid and dangerous language to use. If I were you, I'd go back and edit this post and remove the word 'bought' from there. :mad:
 
nj_skm said:
That's stupid and dangerous language to use. If I were you, I'd go back and edit this post and remove the word 'bought' from there. :mad:
Click to expand...

Arent 90% of Sub labors bought, either directly or indirectly my means of reduced salary etc?
 
Hi All,

I would like to use AC21 portability with the client where I am working since more than 2 years presently. I did 140/485 concurrent filing on Jun, 2006 at Nebraska center. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately. The main reason is my employer charging more money for GC and paying less salary which I have been working for more than 4+ years. Anyone who has faced these problems or have some experiences on same kind of issues, please let me know what can be the potential problems for me if I use AC21 portability.

- what if my employer revokes my approved I-140?
- Does my I-485 processing has any issues if I use AC21?
- Do I need to let USCIS know that I have joined new employer?
- My employer is not providing my copy of LC and/or Form ETA750A to know my job duties and/or salary to use AC21, Can I use H1-B job duties? Do I need to have it at any cost to submit to USCIS?
- Is it better to wait till I get GC?

8th year H1-B extension
EB2. India.
Prority Date: Jan 2002. (Labor substitution)
140 Applied : Jun, 2006.
140 Approval: Jan, 2007.
485 Applied : Jun, 2006.
Waiting for I-485 approval
Nebraska Center

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
 
chandhubcs said:
Hi All,

I would like to use AC21 portability with the client where I am working since more than 2 years presently. I did 140/485 concurrent filing on Jun, 2006 at Nebraska center. My attorney is saying there might be some risks to if I choose AC21 and I need to apply new H1 visa with new employer incase if I-485 gets denied I will be out of status immediately.
-----------------lawyer is correct better join new employer with H1 transfer as you will have good back up with H1 status and then use AC21 with pending I-485
The main reason is my employer charging more money for GC and paying less salary which I have been working for more than 4+ years. Anyone who has faced these problems or have some experiences on same kind of issues,


please let me know what can be the potential problems for me if I use AC21 portability.

- what if my employer revokes my approved I-140?
----------------------- you are protected by AC21 as your I-140 is approved and I-485 pending more than 180 days
- Does my I-485 processing has any issues if I use AC21?
----------------------------NO, send the new employer permanent job offer letter with same/similar job duties and request to invoke AC21 with pending I-485
- Do I need to let USCIS know that I have joined new employer?
-----------------------that is why you send new employer letter to invoke AC21. if you join by H1 transfer they know that your H1 is approved for new employer
- My employer is not providing my copy of LC and/or Form ETA750A to know my job duties and/or salary to use AC21, Can I use H1-B job duties? Do I need to have it at any cost to submit to USCIS?
- Is it better to wait till I get GC?
------------------that is up to you
8th year H1-B extension
EB2. India.
Prority Date: Jan 2002. (Labor substitution)
140 Applied : Jun, 2006.
140 Approval: Jan, 2007.
485 Applied : Jun, 2006.
Waiting for I-485 approval
Nebraska Center

What all I need to do if I want to use AC21 portability.
----------------------- for pending I-485,new employer permanent job offer letter with same/similar job duties as on approved LC
Thanks & Regards,
Click to expand...
 
chandhubcs said:
Hi All,
- what if my employer revokes my approved I-140?
- Does my I-485 processing has any issues if I use AC21?
- Do I need to let USCIS know that I have joined new employer?
- My employer is not providing my copy of LC and/or Form ETA750A to know my job duties and/or salary to use AC21, Can I use H1-B job duties? Do I need to have it at any cost to submit to USCIS?
- Is it better to wait till I get GC?

What all I need to do if I want to use AC21 portability.

Thanks & Regards,
Click to expand...

1. If you proactively send AC21 Documentation, if 140 is revoked, any of the the following can occur.
a. USCIS offices sees AC21 papers and keeps 485 active.

b. If he does not see AC21 papers, he/she will have to send a NOID (notice of intent to deny.

c. Deny the case. You have to file Motion to Reopen and get it opened again.

2. My opinion is that if you think 140 will be revoked, inform USCIS of employment change.

3. No, H1 job duties can be different than that of Labor. There are options to get LC info from labor department using FIOA (Freedom of info act), but since you are using a Substitution Labor, I am not sure if you can still do it. Even if you know vaguely the job duties on labor, you should be ok.

4. Why is your 485 still pending? Your PD is current for EB2.

5. To wait or not is purely your decision to make.

6. To file AC21, you will need a letter of employment from your new employer stating job duties, location, salary and designation. Duties should ideally match that on LC but not a must. You have to contact a lawyer who is good in this. Other docs/info you need are 140 Receipt #, Pay Stubs (optional), letter stating that you are chaning jobs using AC21 act.
 
What USCIS Adjudicator does when he gets your AC21 papers?

Hope someone will shed some light on what happens when USCIS receives AC21 papers.

1. Adjudicator/Examiner will evaluate whether your new Job description / title / OES-SOC code/ New Companies ability to pay etc is as per your LC. and after how many days usually USCIS takes to respond back to your Attorney on AC21 papers?

2. Whether you will get any on-line notification/update on your case like.."We received your AC21 papers on Feb 15, 2007 and processing is resumed on your case..etc..etc"? I never heard that any body got such message but anybody got any message after filing AC21 papers? pl share..

3. Or USCIS just takes paper & file them in your case folder and later point of time at the time of "final" adjudication opens your file and ask again some evalution from your current employer?

Your inputs are highly appreciated!!
 
Last edited by a moderator:
GCDumbo said:
Hope someone will shed some light on what happens when USCIS receives AC21 papers.

1. Adjudicator/Examiner will evaluate whether your new Job description / title / OES-SOC code/ New Companies ability to pay etc is as per your LC. and after how many days usually USCIS takes to respond back to your Attorney on AC21 papers?
--------------they dont respond for AC21 filing to you or lawyer.
2. Whether you will get any on-line notification/update on your case like.."We received your AC21 papers on Feb 15, 2007 and processing is resumed on your case..etc..etc"?
----------------------NO
I never heard that any body got such message but anybody got any message after filing AC21 papers? pl share..

3. Or USCIS just takes paper & file them in your case folder and later point of time at the time of "final" adjudication opens your file and ask again some evalution from your current employer?
---------------- if the AC21 peper is attached in your file they may not need more info. if they find anything missing they can send RFE and can also send NOID all depends on particular case.

Your inputs are highly appreciated!!
Click to expand...
 
approved

My case approved...I got my green card last week. Those who would like to use AC21, go ahead and use it.

8th year H1-B extension
EB2. India.
Prority Date: Jan 2002. (Substitution Labor)
I-140 Applied : Jun, 2006
I-140 Approved: Jan, 2007
I-485 Applied : Jun, 2006
Change of Employer (AC21) updated to USCIS on Jun 2007.
I-485 approved November last week 2007
Nebraska Center
 
I know my 180 days is over from the day i filed I485. If i change my job now i will be filing AC21. My question is can i file multiple AC21 if i decide to quit the new job after sometime and join another. The only criteria is the job should be of the same or similar job description right?
 
kaushiks said:
I know my 180 days is over from the day i filed I485. If i change my job now i will be filing AC21. My question is can i file multiple AC21 if i decide to quit the new job after sometime and join another. The only criteria is the job should be of the same or similar job description right?
Click to expand...

I will wait until I am satisfied with the job and can stay for some time
 
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