AC21 - Urgent Please reply

M

mnl_gcquest

Registered Users (C)
Hi Everyone.
I have 140 approved, 12 months to 485 filing. I want to leave my employeer and join anouther one. My current employeer says that he will send a complain to INS informing that I have left his company and there are chance that my GC will be denied. They said,that if any RFE comes then they will not reply the INS if I leave thier employment. How true is this statement. ?


I have been going through the webiste and i have read the documents on AC21. I dont belive them but when I talk to them I get to belive that they are right.

Please help me.
 
Hi,
First Thing: You employer CANNOT effect your GC as your I-140 is approved and I-485 is pending for over 12 months.

2nd Thing: In general, RFE goes to your attorney but there are cases where the RFE goes to Employer too.

If by bad luck, the RFE goes to your employer then you may face some tensed situation until you get them.

**** What I am thinking is, if you use AC 21 and send a letter to INS that you used AC 21, then they will be having your new employer address. So your old employer may not recieve the RFE.

BUT BETTER check with your attorney
 
**Test_Forum_User is correct

mnl_gcquest said:
Hi Everyone.
I have 140 approved, 12 months to 485 filing.
----If I-140 is approved AND I-485 pending more than 180 days then your past employer cannot revoke the approved I-140 if you have found a new job

I want to leave my employeer and join anouther one. My current employeer says that he will send a complain to INS informing that I have left his company and there are chance that my GC will be denied.
----- if I-140 is approved AND I-485 is pending more than 180 days, you dont have any fear of GC, let your employer send letter to USCIS they are NOT going to revoke the approved I-140 if your I-485 is pending more than 180 days. past employer cannot stop your GC if you find new job iwithsame /similar. once you join new employer better update the USCIS with copy your I-485 filing reciept that your intent has changed and you would like to work permanently after I-485 approval with XYZ company. attach the new employer letter with same job title and same skills as on approved LC for future permanent job offer

They said,that if any RFE comes then they will not reply the INS if I leave thier employment. How true is this statement. ?
----you have your I-140 approved, so for I-140 there will be NO RFE, if they are talking about I-485 RFE then I-485 belongs to YOU not to past employer, RFE will go to lawyer who filed I-485, if you wish you can hire your own lawyer and send new Form G28 to USCIS through your lawyer and if any RFE for I-485 it will come to NEW lawyer or your lawyer

I have been going through the webiste and i have read the documents on AC21. I dont belive them but when I talk to them I get to belive that they are right.
----- your past employer is wrong he is trying to scare you. he canot do anything if I-140 is approved AND I-485 is pending more than 180 days. relax!!
dont discuss anything with them let them do what they want to do they canot revoke I-140 in your situation.
Please help me.
Click to expand...
 
Thank you folks.

After going through the AC21 document i knew that they were wrong.

I am actually filing for AC21 tommorow. Just a quick question. How many times can we use AC21. ? Suppose i get a permanent position and few months latter I decide to change. Will INS question me. Can i refile for AC21 ?

Is there a limit time while using AC21.
 
Actually you can use AC21 as many times as you want , there are no regulations regarding that.
But just to be on the safer side do not use it often.
 
Thanks, so every time i change which hopefully will be latter this year. I should just inform INS again. Correct.
 
AND if you dont inform USCIS and I-485 gets approved then it will be based on the latest letter from employer you sent to USCIS to use AC21 and you need to work for that employer after GC
 
Is there anything you can quote on this because this would be very helpful to many people as I believe there are a lot of people in this situation.

---- i will search the link and document and will post.GC is for future job and one has to work with latest emplyer whose offer letter is used for GC, do you mean you get the GC and go away from the employer next day? No that not what law says. with AC21 portability we dont have final regulations and we dont know what will be in the final regulation.
It is better to follow conservative approach that is to work with the latest employer after getting GC.

FYI I am not knowledgeable person. If I had been knowledgeable person I would have not been here I would have gone to Himalayas and would have been enjoying the rest of life with out any worry, tensions and would have been preparing my cosmic identity for final immigration to this cosmic world. Or would have been working for any good NGO in India.
Good Luck!!
 
Ginnu,
My current employer told me today that I need to be on their payrol since INS is issuing a lot of RFEs. Also, They have not submitted any annual report or audited financial statement for the company. So the point is for each employeer at the end stage of 485, there will be RFE 100%. This is the way they tie people to the company and even after that, (post GC rules).

I was told by some folks that 99% if I go and work for another employer it should not be a problem (Keeping in mind, same job and same titile) but 1% there are chance of denial ( that is only if company give a bad reputation of their consultant, which i dont think they would do , but you never know desi employers)

Is AC21 any way risky.
 
Hi mnl_gcquest,
Before you leave the current Employer, Please get the job describtion on your LC. That will help you to respond to RFE if anything comes. if you are working with your own attorney, it is not problem.
if you are working with your current company's attorney, please get that.

-sank
 
Get your own attorney ASAP

mnl_gcquest,

I suggest you find your own immigration attorney ASAP. That should be your first thing, so do it now.

Once you find your own attorney, ask him to send USCIS the G28 form so that s/he will get whatever USCIS send related to your case. As a result your company won't get anything to threaten you.
 
hi guys,
Thank you for all you input. I had a terrible day. I spoke to my company and told them i am going forward for permanent offer. This is what they said,

" We will send a letter to INS and cancel you GC and labor". We have done in the past and we will do it.

I am so sad and upset. I have my 140 approval, 485 receipt and not the approved labor but a copy of labor which was sent for apporval with the JOB description.

My labor salary is 80,000 but the perm job salary is 65,000. will that pose a problem

My priority date is 2003 june. My plan is if I find a high salary job by the year
end i will take that.

what do you guys say. please suggest
 
hang in there

Please give us more details, such as your ND for I485, etc.

Again, if your I485 has been pending for more than 180 days, you don't have anything to worry about. Let your former employer go to hell because they want to use GC to treat you like a slave.

You can file I485 yourself based on an approved I140. So go find a competent attorney and move forward with your new job.

Things will get better for you.
 
My I-140 was approved in August 2003. My I-485 was filed in June 2003. I have my EAD and AP approved once and I have sent a request for renewal.

Would salary be a problem here. ?
 
All I can say is...Go ahead, do whatever you want to do. Legally you are on clear side. Let the employer do whatever he wants, I bet his actions will not effect you.
 
mnl_gcquest said:
hi guys,
Thank you for all you input. I had a terrible day. I spoke to my company and told them i am going forward for permanent offer. This is what they said,

" We will send a letter to INS and cancel you GC and labor". We have done in the past and we will do it.

------ let them do it and USCIS is NOT going to revoke your I-140 and I-485, find new employer and send AC21 letter + your Intent change letter to USCIS. your past employer can not do anything to cancell your GC at this point.
Relax!!


I am so sad and upset.
---No need to be sad they cant do anything.
I have my 140 approval, 485 receipt
------that is good
and not the approved labor but a copy of labor which was sent for apporval with the JOB description.
------ if you are having a copy of form ETA750A that was sent to DOL with LC and you are sure that same skills were sent then you are OK, use the skills from that copy on your new employer letter, if not sure then you can get LC copy ,I-140 copy from USCIS and can use FOIA.
My labor salary is 80,000 but the perm job salary is 65,000. will that pose a problem
-----not a problem August 2003 AC21 Memo does not say anything about salary or location.
read the AC21 MEMO again:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf

My priority date is 2003 june. My plan is if I find a high salary job by the year
end i will take that.
----- you can do that before I-485 approval then send new AC21 letter from new employer to CIS
what do you guys say. please suggest
---- Relax!! your past employer cannot revoke your I-140 or GC now as your I-140 is approved and I-485 pending more than 180 days.

** why you discuss all matters with past employer? do you feel pleasure when they try to scare you? join the new employer that is all and new employer should be ready to give you future permanent job offer letter when you need.
Relax!! No problems.
Good Luck!!
Click to expand...
 
Last edited by a moderator:
Man ... i hope you are above 18 years of age ....

You are soooooo confused ..... i wonder why .. Just Read carefully what Ginnu head repeated several times in this thread ....

my words ... LEAVE YOU EMPLOYER > JOIN ANOTHER > Talk to the same company attorney, if he does not take your case > talk to another attorney Dont save $200.

YOU ARE SAFE > AVOID previous employer .. STILL have questions .. PM me .. give me your Phone # I will call you and tell you how I went through this .
 
mnl_gcquest,
Just read your thread today, it may be too late but I still want to say that I have different viewpoint on your case. If your old employer send letter to revoke your I140, it may not cause final denial of your I485, but quite possible it will complicate your case and take long time to get the I485 approved. There are a few cases on this forum or somewhere that the previous employer revoked the approved I140 resulting in denial from INS.
Although the applicants of these cases appealed, it made their process
lengthy. I just wonder if you can backup and try to stay with your old employer. If you already have no choice, then you should send AC21 letter
to INS ASAP. Good luck!
 
wantgreencard said:
mnl_gcquest,
Just read your thread today, it may be too late but I still want to say that I have different viewpoint on your case.
If your old employer send letter to revoke your I140, it may not cause final denial of your I485, but quite possible it will complicate your case and take long time to get the I485 approved.
--- why and How it will complicate the case? USCIS follow the AC21 Memo, read it clearly before posting, Employer cannot revoke I-140 if I-140 is approved and I-485 pending more than 180 days and no affect on case processing
There are a few cases on this forum or somewhere that the previous employer revoked the approved I140 resulting in denial from INS.

------ they may NOT have I-140 approved AND I-485 pending more than 180 days or new job may be not similar/same, or they could have some other issues Or the cases may be denied before AC21 Memo was published, still they can go for motion to reopen or can go for appeal.
Although the applicants of these cases appealed, it made their process
lengthy. I just wonder if you can backup and try to stay with your old employer. If you already have no choice, then you should send AC21 letter
to INS ASAP. Good luck!
Click to expand...

------The poster has clear AC21 case
 
Hi Guys,

I am still with my old company, while thinking about taking up a new job since i just dont want to be with them anymore.
My sponsering company has hinted my that they will stop my W2, send a request for revoking my approved I-140 if I leave them before my GC.

I called Mr.Khanna's office and explained him my case, He told him that i my old company can do whatever they want but I am all safe as long as my new employer is willing to give the required documents fro AC21.

"wantagreencard" you are right by saying that if i stay with old employer case is straightforward. But GC approval is taking ages. My receipt date is 10June 2003 and right now Nebraska is processing Jan1, 2002. So we are looking at 2007. "Way to long for me to be with the company who scares their employeer on behalf of GC. Also I just came to know that at the time of filing they did not submit any financial document. so they are 100% sure that my case will receive a query on company's ability to pay. This is one of their tricks to retain employer. BTW"

If i join a public company at least all the financial documents are out there. Let see, If i join I will definately go with Rajiv Khanna for filing AC21.

will keep you posted
 
Last edited by a moderator:
You must log in or register to reply here.
Top