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--NOID will happen only if your I140 gets withdrawn by the employer.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