AC21 Questions

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king0405

Registered Users (C)
My case is in 485 stage. Its already 1 1/2 years pending with INS.

I need to change the job. Please advice,

What is AC21?

For changing the job under AC21 does it have to be "lay off" from the old company or it can be voluntary job change?

What formalities needs to be completed for changing the job?

Does changing the job delay my GC process as I am almost expecting the approval soon.

Thanks.
 
you can leave present job on good terms and join a new employer does't matter they fire you or u opt out. Why good term , so that present employer doesnot revoke ur I140. Second u can inform ins about job change using AC21 leter and about ur job discription and salary but its not compulsory. Check with ur lawyer whats his take on this one. one and alf year so 99% u wll get RFE and worst case interview or might get a approraval with these so do't worry about that and chage ur job.
 
I already had my interview in Dec 02. Just waiting since then.

How long the AC21 process takes ? Do I have to wait till INS approves it ?
 
i guess then u r done and do't hv to do anythingand wait for approraval. I recall in december they were not approving cases after the interviews u just have to wait for your approval and can verywell chage ur job. friend of mine went through interview at SFO in nov02 and still waiting for approaval.
 
Is it possible?

Is it possible after 180 days in pending I485 the old employer to revoke your I140 petition (in case you fail to part with it in good terms)? Can AC21 protect you in this case? What would be the requirements for the new company (revenue, staff) if any in order to secure the transfer? Can you be an employee of your own company (while I485 is pending and > 180 days have passed) and transfer the CG case to it?
10x very much in advance.
 
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king0405
I don't think that you need to send any letter to INS (BCIS) for AC21 transfer. When the RFE is generated, you just respond with your new company's info (pay stubs, EVL, etc). In your case (you have passed an interview already), you should wait for decision from INS. That's it.

(I cannot guarantee for the accuracy of this info - it's just an opinion based on my internet immigration experience).
 
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Acording to murty website INS has been inconsistant with what will happen if 140 has been revoked. some times they allow motion to open the case some times not ,due to lack of guidelines. PPL are still waiting for guidelines. Second regrading company has to be able to show that it is in good standing and can keep the person using AC21 for long period of time. Small compnies might hv to show the proff of that but big one might get away with just a letter.
 
Do i first send letter and then join?

OR Join and then send the letter?

Thank you for your time for replying .
 
ghost,

Thanks - your comments are valuable as always. But it's still not very clear to me what exactly means "big" and "small" company. These are all relative terms and do not give us precise information. If I had some numbers that would be teriffic. The other thing is own company and you being an employee in it. What do you think about this? Once again - everything is happening after 180 days of pending I485, the employer is not laying you off, but you are not sure how he would react on your move to leave the company - he may be getting angry and look for retaliation in revoking your poor bloody I140 petition. 10x once again and have a nice day.
 
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I meant big is something like microsoft sun oracle or any big bank or telecom or renowned coopration for which anyone does't hv second thoughts that they wo't be able to support there employees. and Small any small company with 5 /10 ppl strength may be 50 but not with big revenue like a samll desi body shop. Recently one of my firend who owns a small body shop had to show 5mil$ worth of contract to INS to convince that he can support the employee for his GC.
Second 140 as u can see its still very tricky and u will need plenty of luck from ur employer who's 140 u hv and of course INS. I my self am in to 11th month of 485 and will be using AC21 very soon.
 
ghost-rider,
Does that mean that RFE generated for person in "small" company always involves check of the company's financial condition as well? Is it a common RFE for company's financial status or not very likely?
 
not always ..but u know INS and there IIOs. It is very well possible some of them does't know CISCO so no wonder u might see request for there details too.
 
Murthy's response on AC21 questions

Question : Is there any known case where INS has taken action on an I-140 revocation letter
after the 180-day point?
Answer : Yes, I am aware of at least 2 or 3 cases. One we got reversed. In another case,
we were informed about it when the prior employer"s attorney revoked the I-485
without the consent of the employee at the request of the prior employer.
We believe this is a violation of AC21 law and could result in the attorney being
liable to the employee, especially if the attorney did not discuss the issue with
the employee. The third case has to be appealed or has recently been appealed, so
we believe we should obtain another I-485 approval since the revocation should not
be used to deny the I-485, based on AC21 granting portability after the 180 days.
Date : 2002-10-14


Question : Thanks for the Great Service! Have there been any cases where Employer has revoked
I-140 before or after 180 Days of filing 485?
Answer : We have heard of cases where the employer has attempted to do that. Only 1 case that
we are aware of where it happened to a person for whom our Law Office was helping with
the I-485. We have challenged the INS in the Notice of Intent to Deny the case saying
the employer no longer has the right to revoke the I-140 under law based on AC21 if
the I-485 has been pending for over 180 days with the INS.
Date : 2002-02-18



Question : Is the GC petition automatically cancelled once the employer lays-off the employee,
even though the I-140 has been approved & I-485 has been filed?
Answer : No. After AC21, the INS does not revoke the I-140 if the employer does not revoke it.
After 180 days of a pending I-485, the GC applicant is allowed to take up same or
similar job with a new employer and continue the GC process, as you may know.
Date : 2002-01-14



Question : In AOS, to qualify for portability benefit, is the I-140 valid as one of the requirements?
Answer : Yes, and under AC21, the employer may no longer be able to revoke the I-140 after
the I-485 is pending for more than 180 days.
Date : 2001-07-16


Question : Thanks for your service, Ms Murthy. Can the employer revoke I140 if more than 180days
after filing I1485?
Answer : Well, the way the Oct. 21, 2000 law which we refer to as AC21 is written, it appears
that the employer no longer has the legal right to revoke the I-140 or the LC since
the rights seem to vest in the employee. However, since historically employers owned the
LC and I-140, and the INS has not yet issued guidance on this issue, lawyers have
argued that both parties should own the underlying LC but it is not clear if that is
the interpretation the INS will adopt.
Date : 2001-06-04
 
Few more Questions? Gurus please reply

If someone is on H1b visa and he wishes to use AC21 then

Q1. What all forms need to be filled ?

Q2. how to get those forms ?

Q3. how much is the cost if AP, EAD, 485 are already filed?

Q4. If the new company wishes to use their own lawyer and not the old one who initially filed the applications, what is the procedure of transfer of case to a new lawyer?

Q5. What extra paperwork needs to be done for spouse?

Thanks
 
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