Ac21!!!

K

kabish

Registered Users (C)
Hi ginnu and gurus,

I got laid off June 22 2005.I am in 8th year of Extension and I have my 2nd EAD and AP approved.Now i got a new offer from a consulting company.They found a project for me.Starting date is 8th of August.My previous company is going to send an letter to USCIS on august 24th saying "This employee is no longer in our company".I am going to join the new company using EAD.

My questions are

1.I have to invoke Ac21 before august 24th right??
2.What are the documents i needed for Invoking Ac21??
3.If i move to eastcoast for new job the new address in eastcoast i have to give to USCIS??
4.My 485 will be pending with same California Center right??
5.Bcos of using EAD,if there is any pbm with 485 what will be my status??How many days i am allowed in US?Can i file MTR??

Thanks
Kabish
 
kabish said:
Hi ginnu and gurus,

I got laid off June 22 2005.I am in 8th year of Extension and I have my 2nd EAD and AP approved.Now i got a new offer from a consulting company.They found a project for me.Starting date is 8th of August.My previous company is going to send an letter to USCIS on august 24th saying "This employee is no longer in our company".I am going to join the new company using EAD.

My questions are

1.I have to invoke Ac21 before august 24th right??
--------------- if I-140 is approved and I-485 pending more than 180 days then you can join new employer and can use AC21 any time before 24th or after 24th dont matter
2.What are the documents i needed for Invoking Ac21??
----------- cover letter to request to invoke AC21, cover letter should have date, your name, A#, pending I-485# ,DOB and address+ new employer letter with same /similar job duties and offer of Permanent job after I-485 approval+ copy of I-485 filing reciept
3.If i move to eastcoast for new job the new address in eastcoast i have to give to USCIS??
---file form AR11(it will not change your address on pending petitions with USCIS) + inform 1800 NCSC AND also write to your service center where I-485 is pending and provide new address and past address, send the letter with certified mail and out side the envelope write in big bold letters: kind ATTN: change of address on pending I-485
4.My 485 will be pending with same California Center right??
-----yes
5.Bcos of using EAD,if there is any pbm with 485 what will be my status??
------------------ depends on problem with I-485
How many days i am allowed in US?
---------------- it all depends on problem with I-485
Can i file MTR??
----------it all depends on problem with I-485

*** why do you expect problem with I-485??
* I dont know your full case details
Thanks
Kabish
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Last edited by a moderator:
Hi ginnu,

My case details are
Labour filed-Oct 2001 EB2 RIR
Approved-Jan 2004(After Long Period)
Filed 140/485 Concurrently-March 2004
Approved 140-March 2005
Got 2nd EAD/AP approved
Laid off-June 22nd 2005
Got offer from another employer.Asking me to join aug 1st week
Thinking of invoking Ac21
Previous employer will send letter to UCSIS saying "This employee no longer in
our company after aug 24th 2005

Ginnu
I have following question based on your reply

if I-140 is approved and I-485 pending more than 180 days then you can join new employer and can use AC21 any time before 24th or after 24th dont matter

How come is it matter to invoke even after aug 24th??
What is offer of Permanent job after I-485 approval??
What is g-28 form??


Regards
Kabish
 
kabish said:
Hi ginnu,

My case details are
Labour filed-Oct 2001 EB2 RIR
Approved-Jan 2004(After Long Period)
Filed 140/485 Concurrently-March 2004
Approved 140-March 2005
Got 2nd EAD/AP approved
Laid off-June 22nd 2005
Got offer from another employer.Asking me to join aug 1st week
Thinking of invoking Ac21
Previous employer will send letter to UCSIS saying "This employee no longer in
our company after aug 24th 2005
---------------------not problem your I-140 is approved and I-485 pending more than 180 days
Ginnu
I have following question based on your reply

if I-140 is approved and I-485 pending more than 180 days then you can join new employer and can use AC21 any time before 24th or after 24th dont matter

How come is it matter to invoke even after aug 24th??
----------------- you CAN send AC21 before or After 24th it does not matter but if your I-485 gets approved BEFORE you send AC21 letter then I-485 will be approved for the employer who filed your I-140 and provided the job offer letter that was sent to USCIS in past, if you think that I-485 may get approved in short time then Invoke AC21 BEFORE I-485 gets approved
What is offer of Permanent job after I-485 approval??
-------------------- new employer letter that is used for AC21 is for PERMANENT JOB (because GC is for future permanent job and I-485 approval means your GC or future permanent job or GC is approved )
What is g-28 form??
----------- G28 is Form you sign with lawyer who represent you and he sends it to USCIS

Regards
Kabish
Click to expand...
 
Hi ginnu,

I have a question,i am in my previous company's payroll upto Aug 24th.So if my 485 gets approved within the time frame no problem right??

But if i am joining new company on Aug 8th 2005 i have to invoke Ac21 immediately right??

Regards
Kabish
 
kabish said:
Hi ginnu,

I have a question,i am in my previous company's payroll upto Aug 24th.So if my 485 gets approved within the time frame no problem right??
--------------------- no problem, but the I-485 will be approved for employer whose job offer letter was attached and you need to work with them after I-485 gets approved
But if i am joining new company on Aug 8th 2005 i have to invoke Ac21 immediately right??
------------------ correct
**** If your case is EB3 and belong to India it will not be approved till October or till the visa in not available for your category or country of birth keep checking visa bulletin from DOS.

Regards
Kabish
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Last edited by a moderator:
Company A filed I-140 and I-485. I-140 is approved and I-485 is pending more than 180 days.

WITHOUT INVOKING AC21, Changed to Company B and working in the same field.

If I-485 is approved while working in Company B, can he continue with Company B or go back to Company A.
 
gousgc said:
Company A filed I-140 and I-485. I-140 is approved and I-485 is pending more than 180 days.

WITHOUT INVOKING AC21, Changed to Company B and working in the same field.
------------------------------ why dont you invoke AC21 now??
If I-485 is approved while working in Company B, can he continue with Company B or go back to Company A.
---------------------- if dont invoke AC21 then I-485 will get approved for A and may be problems at the time of citizenship if dont work with A after I-485 approval. A can also send complaint to USCIS. to be safe use AC21 BEFORE I-485 gets approved. for more info contact your lawyer
Click to expand...
 
Hi ginnu,

Is there safe to invoke Ac21 without lawyer??what is the procedure??


Regards
Kabish
 
kabish said:
Hi ginnu,

Is there safe to invoke Ac21 without lawyer??what is the procedure??
--------------- that depends on you, one can file AC21 without lawyer
you need: request letter to invoke AC21+ I-485 filing reciept+new employer letter of future permanent job offer with same/similar job duties
** search the threads SAMPLE AC21 letter has been posted many times in this thread

Regards
Kabish
Click to expand...
 
Ginnu- I see you stating in multiple posts that the 485 will be approved for the company whose offer letter was attached in 485 or AC21 petition. Should one work for the company after 485 approval? If not, what are the consequences. As ever, appreciate your suggestions and time.
 
cbarus said:
Ginnu- I see you stating in multiple posts that the 485 will be approved for the company whose offer letter was attached in 485 or AC21 petition. Should one work for the company after 485 approval? If not, what are the consequences. As ever, appreciate your suggestions and time.
Click to expand...
Employer files GC for future permanent job files and you intend to join permanent job after GC is approved, if you don’t join will it not be seen by USCIS as fraud just to get GC and not to join? Employer can complain to USCIS or you may face problems at the time of citizenship.
 
Thanks Ginnu. I don't have issue with my employer complaining to USCIS. But I agree, USCIS might see it as a fraud and create issues at the time of citizenship or GC renewal if I choose not to take citizenship ever.

You are of great help to this community and thanks for the same.
 
Hi ginnu,

What happened if i file Ac21 next week and my 485 is approved for my previous employer(Note i am in company A's payroll upto end of this month and i am joining company B august 9 th 2005)

Regards
Kabish
 
Ginnu,

How long should one work for the GC Sponsoring company after GC is approved?

Thanks,
 
kabish said:
Hi ginnu,

What happened if i file Ac21 next week and my 485 is approved for my previous employer(Note i am in company A's payroll upto end of this month and i am joining company B august 9 th 2005)

Regards
Kabish
Click to expand...
PL ANSWER THE QUESTION ABOVE.
I also have similar concern. If I change the company and my 485 gets approved before I send AC21 or before it reaches to USCIS. If AC21 documentation reaches USCIS after 485 gets approved, will there be any issue in stamping as 485 was approved for different company and USCIS knows that I changed the company.
I think if I get 485 approved message before I send AC21 (and joined another company), I should not send AC21 document to avoid the confusion. People will see as unlikely coincidence but with I am worried as it happened several unwelcome co-incidences during GC process.
PLEASE ADVICE. Please post if anyone have experience of such bad co-incidence.
Thanks
 
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