Ac21!/unfortunate Sep'02

T

tom11

Registered Users (C)
Since september 02's are never going to be approved, I have to use AC21.
Anybody knows what the deal is?
Is there a form that I have to fill out and send to ins? Or should I give a copy of my EAD to my current employer which is different from the one that sponsored it?
Please share your experiences.
Thanks in advance.
 
Same Boat

Do you have any insider information on Sept 2002 ..?

What's wrong with it ?

The frustration is just getting nuts.
 
tom11 said:
Since september 02's are never going to be approved, I have to use AC21.
Anybody knows what the deal is?
Click to expand...

I dont understand your question. But would be glad to share any info. I am a fellow Sep02 filer. Applied AC21 and got approved in July 04.

tom11 said:
Is there a form that I have to fill out and send to ins?
Click to expand...

There are no forms. You need a letter from your employer, a cover letter by yourself and then the supporting documents.

tom11 said:
Or should I give a copy of my EAD to my current employer which is different from the one that sponsored it?
Click to expand...

By law, you are supposed to inform your current employer about your status. Even the employer is supposed to keep up-to-date information about you in their files. If you are on EAD currently, give that info to your current employer (no matter who sponsers your I485).
 
More questions

There are 2 employers involved here. Let's call them Prev Employer
and New Employer to avoid terminology misunderstandings.

1) You need a letter from which employer then ?

2) Cover letter by yourself..what's its supposed content ?

3) Supporting documents...what are they exactly ?

4) Inform current employer...u mean Prev Employer or New Employer ?

5) Which employer's attorney handles what ? Does Prev Employer's
attorney keep handling it ? And what does New Employer's attorney
do ?

Any answers would be greatly appreciated.
 
I thought AC21 is a simple form to be filled and send to INS to inform them about employer change. I am surprised!
Meantime, I will give a copy of my EAD to my current employer.
 
Sumanta said:
1) You need a letter from which employer then ?
2) Cover letter by yourself..what's its supposed content ?
3) Supporting documents...what are they exactly ?
4) Inform current employer...u mean Prev Employer or New Employer ?
5) Which employer's attorney handles what ? Does Prev Employer's
attorney keep handling it ? And what does New Employer's attorney
do ?
Click to expand...

1. New employer. Or, rather the employer with whom you are working or going to work at the time of I485 adjudication.
2. I'll post a sample letter (which i used) after this post
3. Employment Offer letter / EVL , Copy of I485 receipt, Copy of EAD,
Copies of Pay Stubs for the past 6 months, copies of AC21 memo extracts
4. Inform what..???
I was mentioning about informing your current visa status to the current employer.
5. Which attorney is your choice. Usually, in AC21 cases it will be your personal attorney or the attorney of the new employer. OR, you can even do it yourselves and save some attorney fee. I did it myself and turned out fine for me. :)
 
sample cover letter.,

Subject: I-485 under AC21 for < >
Reference: I-485 Receipt # , A#


Dear Sir or Madam:

This is in regards to the I-485 application for Adjustment of Status, filed at your center on my behalf.

This letter is to inform your office that I, <name > have changed jobs as provided under the AC-21 law. I hereby confirm that am currently employed with <company >, <address> as a <designation> with similar job duties as specified by my previous employer, <prev employer>. The details of salary and job duties of my current employment, as well as a letter from my current employer are enclosed herewith.

My Labor Certification and I-140 were sponsored by <prev employer> and were approved on <dates> respectively. Thereafter I had filed for Adjustment of Status (I-485), which has a Receipt Date of <date>.

On <date>, well after my I-485 application had been pending for over 180 days and the underlying I-140 approval, I began lawful employment with <new employer>, pursuant to the Employment Authorization Document (EAD) issued on my behalf in conjunction with my I-485 application.

According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29, 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. The AC-21 memo allows for a change of employer if the I-485 application has been pending for more than 180 days, and the underlying I-140 petition has been approved and the new job is in the same or similar occupational classification.

Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending non-adjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.

Sincerely


<signed>
 
Further questions ?

pv1976 said:
1. New employer. Or, rather the employer with whom you are working or going to work at the time of I485 adjudication.
2. I'll post a sample letter (which i used) after this post
3. Employment Offer letter / EVL , Copy of I485 receipt, Copy of EAD,
Copies of Pay Stubs for the past 6 months, copies of AC21 memo extracts
4. Inform what..???
I was mentioning about informing your current visa status to the current employer.
5. Which attorney is your choice. Usually, in AC21 cases it will be your personal attorney or the attorney of the new employer. OR, you can even do it yourselves and save some attorney fee. I did it myself and turned out fine for me. :)
Click to expand...

1) What's EVL ?
2) What's "copies of AC21 memo extracts" ?
3) Does USCIS keep sending any status updates/ questions to
attorney of Prev Employer ?
 
Here is the procedure for using AC21
-----------------------------------
JUST CHANGE JOB

AND

ENJOY THE HIGHER PAY
Nothing else to do. No need to inform INS. If at all you get RFE, then your lawyer knows what documents to submit (essentially a letter from new employer describig your job duties which should be similar to your job duties mentioned in the Labor Certification)
 
So who's Your Lawyer after AC21 ?

dsatish said:
Here is the procedure for using AC21
-----------------------------------
JUST CHANGE JOB

AND

ENJOY THE HIGHER PAY
Nothing else to do. No need to inform INS. If at all you get RFE, then your lawyer knows what documents to submit (essentially a letter from new employer describig your job duties which should be similar to your job duties mentioned in the Labor Certification)
Click to expand...

Back to same question.
Let's say you get RFE...who answers ? Prev Employer's lawyer or New
Employer's lawyer ?

Am sure RFE is gonna come to Prev Employer's lawyer. Right ?

What does he do ? Does Prev Employer's lawyer contact New Employer ?
What if New Employer always works with only its OWN lawyer ?

See..its not all that simple as it sounds.
 
Sumanta said:
Back to same question.
Let's say you get RFE...who answers ? Prev Employer's lawyer or New
Employer's lawyer ?

Am sure RFE is gonna come to Prev Employer's lawyer. Right ?

What does he do ? Does Prev Employer's lawyer contact New Employer ?
What if New Employer always works with only its OWN lawyer ?

See..its not all that simple as it sounds.
Click to expand...

When you change employer, you ned to inform your lawyer (who filed your I485) about the job change (also when you change address). He should send you all communication he received from INS. If he says that he won't work any more on your case, then talk to your new company's attorney and he (new layer) will get all the paper work from your old lawyer. Most of the time, there won't be a problem in this process, but some lawyers may prove to be a little pain in the neck.
 
Ok then I will wait for the AC21 part. My current lawyer knows everything but he's been paid therefore he does not want to be bothered by me. If I have to I will do it myself.
But don't I have to give a copy of my EAD to the current employer? My original switch was on H1-b.
Thanks.
 
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