Ac21

gc_03

Registered Users (C)
I got laid off recently. My 485 is applied with that company in may 03 and it is past 180 days now. I have a valid EAd and already applied for renewal.

In how many days should I find a new job? Is there a time limit for that?
Does location matter ?
While applying for new job what should I say about my status?
when should AC21 be filed?

I appreciate any replies
Thanks in advance.
 
Originally posted by gc_03
I got laid off recently.
sorry to hear that
Originally posted by gc_03
My 485 is applied with that company in may 03 and it is past 180 days now. I have a valid EAd and already applied for renewal.
you are in good shape
Originally posted by gc_03
In how many days should I find a new job? Is there a time limit for that?
No time limits - just remember that VSC can RFE you for EVL or call you for interview.
Originally posted by gc_03
Does location matter ?
Nope - my LC was metro region specific - I moved to a different one and got approved with AC21
Originally posted by gc_03
While applying for new job what should I say about my status?
Adjustment of Status - no sponsorship needed (may need just EVL) and authorized to work without restrictions
Originally posted by gc_03
when should AC21 be filed?
The jury is still out on this one - let your lawyer make the decision. If self-petitioned I suggest you make sure your I-140 is not revoked and then wait for RFE to file all the AC21 paperwork
Originally posted by gc_03
I appreciate any replies
Thanks in advance.
you are welcome
 
Thank you so much for the reply waytoolong . I feel better now. BTW my application is filed in NSC service center...
 
waytoolong

waytoolong

I have copies of my apprroved LC and 140. what happens if my old employer decide to revoke my 140? my last day with the company is this month end and i have started looking for jobs. usually in what time frame do they revoke? my old company is big and i dont know whether they will be revoking it or not. do i have to ask them if they are going to revoke it?

Please advice...

Thank you
 
Re: gc_03

You have to get your NEW JOB within 180 days ..........from the day of layoff ........


Shashi

I485- ND 09/26/02
I 485 AD ??/??/??
 
Re: Re: gc_03

Originally posted by kshashikanth
You have to get your NEW JOB within 180 days ..........from the day of layoff ........


Shashi

I485- ND 09/26/02
I 485 AD ??/??/??

Not true shashi. Not true at all. New job is required on the day you need to respond to RFE. Read the legendary August 2003 memo - it has no such time limit for finding a new job.

-ab
 
Originally posted by urguest
Hi waytoolong,

Can you please post the EVL latter format that your employer gave to you?

urguest,

here is the format for you:

---------------------------------------------------------------------

Date

US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521

Dear Sir or Madam:

This letter is to confirm that <ur name> is employed with us as a <ur title - same/similar to one in LC> (Code: <from LC>) on a full time, permanent basis since <start date - after 180 days of 485 RD>. <New Employer Name> is an XXYYZZ firm, providing AABBCC solutions and services. <couple of lines about their business/revenues>

In his capacity as a <ur title>, <ur name> receives an annual base salary of <ur salary - hopefully similar to offered wage in LC>. In addition, he is eligible for paid vacation, health and retirement benefits, and applicable monthly and/or periodic bonuses.

His duties include: <similar job description from LC>

His work location may range all over the US, depending upon our client locations. <New employer's> geographic areas include, but are not limited to AABBCC. (this para is optional)

Please feel free to contact us if your office requires any further information.


Sincerely,

XYZ

--------------------------------------------
You would also need to write a letter yourself. A format for that is as follows:

--------------------------------------------

Date:

Ur Name
I-485 Receipt # , A#
Address
Ph:

US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521

Subject: I-485 under AC21 for <ur name>, <ur 485 #>, A #

Dear Sir or Madam:

This letter is to confirm that I, <ur name>, am currently employed by <new employer> as a <title> and earn an annual salary of <ur salary>. I am currently a full time employee and intend to remain with <new employer> indefinitely. As a <title>, I work with <2-3 lines job desc>.

This is to inform your office that I have a pending I-485 at your center, and I have changed jobs as provided under the AC-21 law. My Labor Certification and I-140 were sponsored by <old employer>, and were approved on <LC approval date> and <140 approval date> respectively. The relevant job code was DOT # XXCCZZ, with employer’s wage offer of <LC offered wage>. Subsequently, I had filed for Adjustment of Status (I-485), which has a Receipt Date of <RD>.

On <job change date>, well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with <New Employer>. The position is a permanent one, has similar job duties, and offers a salary of <New Salary>. A letter from my current employer outlining the job duties and salary is included with this letter.

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. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).

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 unadjudicated 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


<ur name>


Enclosures
Company Balance Sheet (proof of ability to pay)
Employment Offer/Support letter from <New employer>
Copy of I140 Approval
Copy of I485 receipt
Copy of the employment authorization
Pay Stubs
DOT Code job description printout
 
Top