AC21 - The Savior in today's times!

J

Jeetu_recruiter

Registered Users (C)
I140 Approved and I485 pending for 1.5 yrs now. So I am eligible for AC21, have the foll questions. I have copies of I485 receipt notices also

1. If employer revokes I140 what does he need to do the same, I have the original copy of I140 with me.

2. Do I have to have a copy of LC in order to know the job duties, is LC copy the only way of knowing job duties, what is FOIA

3. The BIG QUESTION- Should AC21 letter be sent to USCIS after switching or wait for the rfe/NOID to come up

4. Do we need just an EVL with similar job duties and paystubs from the new company?

5. Is it absolutely necessary to change attorneys. I am very happy with mine and she says that we represent both the employer and you and would guide you with your AC21 just as any other new client.

6. If employer withdraws I140 do you'll think the current attorney will inform me of that. I have paid all the fees als throughout.

UN, RealCanadian, ginnu and other experts your replies will be greatly appreciated.
Thanks
Jeet
 
QUestion about AC21 and salary

3. The BIG QUESTION- Should AC21 letter be sent to USCIS after switching or wait for the rfe/NOID to come up

Inconclusive. Having an ac21 letter on file with USCIS doesn't stop USCIS from revoking/withdrawing the I-140. Since retrogression could take a while; it is not ideal if you change jobs a few times and keep sending in ac21 letter. Main thing USCIS is concerned with is that you are eligible for ac21 at the time they are going to approve permanent residency. Sending in ac21 letter ahead of time doesn't prove this point.
UN,
Similar but little extended question, now I will be changing my job 2nd time using/under AC21. So as you stated is it ok if I dont sent the AC21 letter to USCIS. what if my current employer send a letter to USCIS tht I no longer work with him. (the current employer is the one whom with I am working using AC21).
Second question is, my salary is more than double with this coming new job and job responsibilities are same n similar to my labor certification, also I have changed my geographical place from AL to CA. So i suppose the salary structure should be more for CA compare to AL. now what are my options, can I take this salary or is there any way like converting it to bonus or someting.
Thanks
gckajadoo.
 
AC21 is Saviour?

If your earlier employer revokes the 140 and uses the labor certification for someone else, now who get the GC?

Same laboe certification will be produce 2 green cards?
 
Thanks UN!

Thanks for your replies!

From your reply I come to the conclusion that it is best not to send the AC21 letter on switching and just wait for rfe to come up and at that time you can send the AC21 letter. Is that correct?

Also does the law say that we have to send the AC21 letter as soon as we switch.
 
GreenCardVirus said:
AC21 is Saviour?

If your earlier employer revokes the 140 and uses the labor certification for someone else, now who get the GC?

Same laboe certification will be produce 2 green cards?
Click to expand...


If employer revokes I140 but since your I140 is approved and I485 is pending for more than 6 months then it does not matter, you are safe right?
 
Jeetu_recruiter said:
From your reply I come to the conclusion that it is best not to send the AC21 letter on switching and just wait for rfe to come up and at that time you can send the AC21 letter. Is that correct?
Also does the law say that we have to send the AC21 letter as soon as we switch.
Click to expand...

U should send AC-21 documentation pro-actively. USCIS expects you to

As per Yates Memo on August 4th, 2003

"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of §106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485."
 
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Jeetu_recruiter said:
If employer revokes I140 but since your I140 is approved and I485 is pending for more than 6 months then it does not matter, you are safe right?
Click to expand...

Question: Thanks for the great service, Murthiji. Can an employer substitute the labor of a person who left the company after 180 days, whose I-140 has been approved and I-485 is pending, to another person?

Answer: The employer is allowed to do that, but there is a risk for the new employee using the earlier-approved LC since the USCIS is only allowing one person to use the LC so that, if the original person obtains the I-485 approval, then the new person / employee will get nothing and would have wasted valuable time and money for no purpose. It is always safer to use a new LC that has never been used to avoid such a negative consequence. Before AC21, the employee would get nothing if s/he left before obtaining the green card. Now, both parties can try, but it is sort of like a race with the person reaching the finish line first winning and the other person getting nothing Jul-18-2005.

Question: 140 has been approved. If I use AC21 now, is there any chance of canceling the approved I-140 by employer?

Answer: The employer may cancel or revoke the I-140 to use for another employee. The risk is that if the USCIS approves your case first, for example, then the second person has nothing left to use. This is risky for both the employees involved and employers are now realizing that there is a risk in this process. Arguably, the original person who has an I-140 petition approval and the I-485 pending for over 180 days should be protected under AC21 and the USCIS seems to be taking this view in the MTRs and other RFE responses from our Office which are getting approved in such cases.
 
unitednations said:
sending in ac21 or not has not prevented uscis from issuing noid or denying 485.

there is many examples of people on the boards who sent it in and it still got denied (eventually it got approved).
Click to expand...

My case is one. I sent AC21 promptly, still they denied my case after 140 was revoked. Spent $3000 to get my cases reopened.
 
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