ac21 questions.. please answer..

S

seattledude

Registered Users (C)
Background: valid EAD. Approved i-140. I-485 pending since Oct'2002. Recently terminated from employment and looking for a job.

Some questions:
1) Will I be notified when the BCIS makes an RFE? Will the RFE request go directly to my previous employer, or my attorney?

2) If the previous employer decides to notify the INS that I'm no longer employed, will that result in a NOID (notice of intent to deny)?

3) Can I take on contract jobs? Or am I limited to full-time jobs?

4) Also, can someone summarize the format and wording of the documentation that needs to be sent to the BCIS , ie proof of intent to work with previous employer (is this necessary?) and proof of new employment in similar job occupation? Does BCIS have a prescribed format / guidance for AC21 "porting"?

5) How strict is the interpretation of "similar occupation"? What if my new job "extends" on the previous skills filed in the labor certification.

6) My new "prospective" employer also wants to know if there is additional money / fees involved in any of the above paperwork till my GC is approved.. any ideas?
 
See below for my opinion.

seattledude said:
Background: valid EAD. Approved i-140. I-485 pending since Oct'2002. Recently terminated from employment and looking for a job.

Some questions:
1) Will I be notified when the BCIS makes an RFE? Will the RFE request go directly to my previous employer, or my attorney?
--RFE goes to your attorney. You will be notified aswell(also try to enroll on the case status site @https://egov.immigration.gov/cris/jsps/index.jsp)

2) If the previous employer decides to notify the INS that I'm no longer employed, will that result in a NOID (notice of intent to deny)?
--No.
3) Can I take on contract jobs? Or am I limited to full-time jobs?
--I think you should look for a full time job or try to find contract job through a consultancy which can you a employement letter.

4) Also, can someone summarize the format and wording of the documentation that needs to be sent to the BCIS , ie proof of intent to work with previous employer (is this necessary?) and proof of new employment in similar job occupation? Does BCIS have a prescribed format / guidance for AC21 "porting"?
--do a search on the site, u will find many.
5) How strict is the interpretation of "similar occupation"? What if my new job "extends" on the previous skills filed in the labor certification.
--should be fine

6) My new "prospective" employer also wants to know if there is additional money / fees involved in any of the above paperwork till my GC is approved.. any ideas?
Click to expand...
--No. (may be for AC21 letter, EAD & AP renewals if you need them)
 
** I have added what i felt

Originally Posted by seattledude
Background: valid EAD. Approved i-140. I-485 pending since Oct'2002. Recently terminated from employment and looking for a job.

Some questions:
1) Will I be notified when the BCIS makes an RFE? Will the RFE request go directly to my previous employer, or my attorney?
--RFE goes to your attorney. You will be notified aswell(also try to enroll on the case status site @https://egov.immigration.gov/cris/jsps/index.jsp)
***** RFE will go to lawyer who filed your I-485, if you are going to change job better hire YOUR lawyer fill up G28 with him so that He can get RFE if any and he will represent YOU for your I-485, if you change the address then let YOUR lawyer also update your new address on pending I-485 so that you can get FP notice to your new address
2) If the previous employer decides to notify the INS that I'm no longer employed, will that result in a NOID (notice of intent to deny)?
--No.
*** You are Safe, past employer cant do any harm to you
3) Can I take on contract jobs? Or am I limited to full-time jobs?
--I think you should look for a full time job or try to find contract job through a consultancy which can you a employement letter.

4) Also, can someone summarize the format and wording of the documentation that needs to be sent to the BCIS , ie proof of intent to work with previous employer (is this necessary?)
*** you DONT need to send intent to work with previous employer, now you NEED to USE AC21 and you have to write that you changed INTENT and would like to work permanently with new employer XYZ( if he gives you future permanent job offer letter)
and proof of new employment in similar job occupation? Does BCIS have a prescribed format / guidance for AC21 "porting"?
--do a search on the site, u will find many.

*** 1.you need to send YOUR intent change letter that you would like to use AC21 and would like to work permanently after I-485 approval with new employer XYX
2. New employer letter that should state that they have future permanent job offer for you after I-485 approval and they have to write that your job title or skills will be same as on approved LC of prevoius employer "Gabbar Singh" the letter should have you skills and job title mentioned
3 your I-485 filing reciept at top
4 USCIS May ask the new employer ability to pay the wages it will be good if you attach new company Financial documents

5) How strict is the interpretation of "similar occupation"? What if my new job "extends" on the previous skills filed in the labor certification.
--should be fine
**** that os OK
6) My new "prospective" employer also wants to know if there is additional money / fees involved in any of the above paperwork till my GC is approved.. any ideas?
*** If you need AC21 to be filed by lawyer then let him know the lawyer fees or they may be having lawyer he can prepare AC21 letter
** ask him to that you will need EAD to be renewed 5-6 months before present EAD expires( he may pay or he may not pay becase EAD belongs to you)
 
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