Ac21

J

J C

Member
Hi,

Have joined a new employer (Identical Job Title & Duties, More salary) in June beginning. I-140 Approved long back and 485 pending more than an year. Can I send the AC21 Letter to USCIS now (i.e after nearly two months of changing the jobs)? Hope, there is no problem in sending now. I wanted to send the new pay stubs and so, had to wait.

I would appreciate for your comments/opinions.

Regards,
 
1. Same Or Similar Job
2. I-140 Approved
3. More than 180 days of I-485 pending

So what kind of problem you are expecting???? Kindly let us all know.

naanshi
 
naanshi said:
1. Same Or Similar Job
2. I-140 Approved
3. More than 180 days of I-485 pending

So what kind of problem you are expecting???? Kindly let us all know.
---He wants his GC plastic card in 10 days and that seems his problem please help him :D
naanshi
Click to expand...
 
Guys,

Ha! Ha! Ha! If that happens (Plastic Card in 10 days!!), I will certainly buy a lottery ticket.

I just wanted to know if one needs to send the AC21 letter before switching to a new employer and not afterwards.
 
Jay_T said:
Guys,

Ha! Ha! Ha! If that happens (Plastic Card in 10 days!!), I will certainly buy a lottery ticket.

I just wanted to know if one needs to send the AC21 letter before switching to a new employer and not afterwards.
Click to expand...
----- you need to send after you join new employer here is what you need to send
1 New employer letter with Same/similar future permanent job offer after I-485 approval
2 your Intent change letter that you would like to use AC21 and would like to work permanently with new employer + copy of I-485 filing reciept
IF you update it is better and it will be attached with your pending I-485 filebecase if they send RFE they send a long list of documents.

Better hire YOUR lawyer or file G28 through new company lawyer so that he can REPRESENT YOU or if you change address he can update your new address with USCIS if any RFE it will come to YOU lawyer if dont update RFe will go to lawyer who filed I-485
 
JAY T

If I were you I would not file a AC21 right now. As you say your 485 is pending for more than a year if your FPs are done chances are you might get approved before your first FPs expire.

In case you get an RFE you can file your AC21 then.

I had a similar situation like you and I got approved without AC21 filing.

Currently filing for AC21 is voluntary.
 
Please Help

I am in a very confused state. I changed my job a month ago after I140 is approved and I485 is more than 180 days old. My old employer is threatening me that he will withdraw I140, but i know that i will not be affected.

1. My only concern is should i need to file AC21 right now or wait till they ask for it?

2. My lawyer and my current company are supporting me and my lawyer is saying not to worry about filing Ac21 now itself. He is saying that if u do it now, it will be pulled out of the current queue and it could effect the processing time. Is this a good approach?

3. Also i read somewhere in the forums people are saying that they are waiting for first finger printing to be done before they can change employers. Is that necessary?

4. Is Ac21 something that we can do it ourselves?

5. If i have to do it myself. What do i need to do?

Thanks In Advance
 
HaveMercy said:
I am in a very confused state. I changed my job a month ago after I140 is approved and I485 is more than 180 days old. My old employer is threatening me that he will withdraw I140, but i know that i will not be affected.

1. My only concern is should i need to file AC21 right now or wait till they ask for it?

--Why wait ? You can file it now. If you have a good relationship with your previous employer (filer), you may wait till an RFE is generated. If you dont have a good relationship, then file it at the earliest.

2. My lawyer and my current company are supporting me and my lawyer is saying not to worry about filing Ac21 now itself. He is saying that if u do it now, it will be pulled out of the current queue and it could effect the processing time. Is this a good approach?

-- depends. Who knows... may be it will be pulled out of the current queue and will be adjudicated earlier. But that is good...is it not ??

3. Also i read somewhere in the forums people are saying that they are waiting for first finger printing to be done before they can change employers. Is that necessary?

-- hmm...never heard of that one. May be they are skeptical about the FP notice going to the attorney of your filing employer.

4. Is Ac21 something that we can do it ourselves?

-- Of course. I did it myself (i am so happy to say that I saved the $1500 which the attorney asked)

5. If i have to do it myself. What do i need to do?

-- A covering letter, a EVL letter from your current employer, copies of 3-6 paystubs, copy of I485 receipts..


Thanks In Advance
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Is I140 approval notice required for AC21?

Is 140 approval notice required to use AC21? My employer is not willing to provide it. Please help.
 
re:

if u file the ac21 letter urself and the g28 was provided by ur previous companies lawyer, where will an rfe go if generated
 
bostonbuddy said:
Is 140 approval notice required to use AC21? My employer is not willing to provide it. Please help.

--Nope. You only need I485 receipt copy, AC21 letters..
I didnt have my LC or I140 copies. If you need yours, you'll have to file for FOIA and get those.

Your employer not providing the copy is bcoz, I140 belongs to the employer.
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I140helppls said:
if u file the ac21 letter urself and the g28 was provided by ur previous company's lawyer, where will an rfe go if generated

--If an RFE is generated, it will go to the attorney in the last G28 form. If you have the same attorney from your previous employer, the RFE will go to that attorney.
In my case, i didnt get an RFE. To avoid an RFE, i filed the AC21 with paystubs etc in advance. Had i got an RFE, it would've definitely gone to the attorney of my previous employer, since I didnt file a new G28
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Need Help to file AC21

When u filed ur AC21 urself, can u tell me what all u sumbitted. In other words can u give me a detailed description of what all needs to be done (including samples). Please help me

Thanks In Advance
 
Couple of questions

1. If i do it myself, will my current lawyer know? my lawyer is advising not to file it now and he is saying lets wait for RFE or NOID. But i am really worried about NOID because it gives us only 30 days.

2. Also I joined the new company with H1B and i did not use EAD. Is that ok to use AC21 in this situation? If so do i need to mention about ead/h1b in the intent letter. If i have to mention H1B can u tell me what i need to write in place of ead.

3. Also when i send AC21, Is there any particular kind of mail service that i should use?

4. After i send it, do i get any kind of confirmation from USCIS that they have receviced it? In other words how do i know that it is attached to my I485.

5. If i use AC21 now, and if i change the company again for some reason that is not in my hands. Do i need to use Ac21 again? Or is it ok to use once and then if they raise RFE then use it for second time.

6. Do we need to use both
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
in the letter

7. under subject
Subject: I-485 under AC21 for xxx
does xxx stand here for complete name

8. 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

r the above dates correct?

9. i joined the new company only 2 months ago, so i have only paystubs for 2 months, is that ok

10 do we need to type in the enclosures in the same letter
Enclosures:
Employment Offer/Support letter from xyz corp
Copy of I485 receipt
Copy of the employment authorization
Copies of Pay Stubs for the past 6 months

Thanks In Advance
 
HaveMercy said:
1. If i do it myself, will my current lawyer know? my lawyer is advising not to file it now and he is saying lets wait for RFE or NOID. But i am really worried about NOID because it gives us only 30 days.

--NOID will happen only if your I140 gets withdrawn by the employer.
If you have a current lawyer with whom you have regular correspondence, then it is better to go thru him. Though, i dont think that your attorney will come to know about any AC21 filing, unless USCIS makes some kind of correspondence.

2. Also I joined the new company with H1B and i did not use EAD. Is that ok to use AC21 in this situation? If so do i need to mention about ead/h1b in the intent letter. If i have to mention H1B can u tell me what i need to write in place of ead.

--absolutely. Actually, you are in good position. an H1b to backup is the right thing to do.
You have to mention what your current status is (whether on EAD or on H1).

3. Also when i send AC21, Is there any particular kind of mail service that i should use?

-- I always use US Postal Service. Send it via registered mail with a signed return receipt.

4. After i send it, do i get any kind of confirmation from USCIS that they have receviced it? In other words how do i know that it is attached to my I485.

-- hmm.. tough one. I didnt get any confirmation back. But I do have the postal receipts and a signed acknowledgment. Worse come worse, you can always argue that you did file AC21.


5. If i use AC21 now, and if i change the company again for some reason that is not in my hands. Do i need to use Ac21 again? Or is it ok to use once and then if they raise RFE then use it for second time.

-- I am not sure about multiple AC21s. May be that is the reason why your attorney is insisting to wait till an RFE.

6. Do we need to use both
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
in the letter

-- aah...well...may be not. I got that letter format from somewhere (dont remember from where)

7. under subject
Subject: I-485 under AC21 for xxx
does xxx stand here for complete name

-- Of course. You shud always use your full name in official correspondences.
You can change the subject line with what you think is correct.


8. 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 r the above dates correct?

-- That you'll have to check in the websites. I'll attach here an extract which i kept along with my AC21 letters.


9. i joined the new company only 2 months ago, so i have only paystubs for 2 months, is that ok

-- I would recommend to wait till yu get atleast 3 paystubs.

10 do we need to type in the enclosures in the same letter
Enclosures:
Employment Offer/Support letter from xyz corp
Copy of I485 receipt
Copy of the employment authorization
Copies of Pay Stubs for the past 6 months


-- It is always a good practice to mention the enclosures in the order they are filed. It would be helpful for the adjudicator.
you can type it in the same letter (at the bottom) or type it in a seperate paper and keep it on the top.

Thanks In Advance
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re: another question

I just got my EAD. AND my 485 is pending for appx 1 and half months. I140 approved.
1. Is my H1 invalid now.
2. Say is i start working on EAD and then join another company after 6 mths using AC21. I understand that my status would be EAD and my H1 no longer valid. If my I485 gets rejected, then do i get out of status straight away, I mean i dont have an H1 to fall back upon. 485 denial would deny the EAD i assume . pls let me know.
 
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