AC21Case approved

nother1inline

Registered Users (C)
#81
dec2004filer said:
Has anyone used AC-21 for self employment? Please share your views or exp.

http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf

Question 8. Can an alien port to self-employment under INA § 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

If you are a programmer and you start your own company and do programming for it - are you then classified as a programmer or an owner?!
 
#82
Ac21 Needed For Eb2-niw.please Advise

MY I-140 IS APPROVED, WAITING FOR I-485 APPROVAL, I AM IN THE PROCESS OF CHANGING JOBS...

MY QUESTION IS

DO I NEED TO REPORT THE CHANGE OF JOB BY USING AC-21 EVEN IF I AM EB-2 NIW...PLEASE ADVISE...IF I DON'T AND GOT AN RFE FOR I-485 HOW SHOULD I RESPONSE? :eek:

THANKS A LOT
 

assur

Registered Users (C)
#83
ysilay said:
MY I-140 IS APPROVED, WAITING FOR I-485 APPROVAL, I AM IN THE PROCESS OF CHANGING JOBS...

MY QUESTION IS

DO I NEED TO REPORT THE CHANGE OF JOB BY USING AC-21 EVEN IF I AM EB-2 NIW...PLEASE ADVISE...IF I DON'T AND GOT AN RFE FOR I-485 HOW SHOULD I RESPONSE? :eek:

THANKS A LOT
AC21 is likely a subset of NIW. The NIW itself is a big rule, so you should not worry about AC21.
 

mmt

New Member
#84
Hi HMD,

I am planning to file AC21. My filing is from VSC.
On new company letterhead for employement verification , is the same name Sandra T. Bushey that I have to specify OR any other differnt immigration officer.
I am confused and please help me out here.

[ON COMPANY LETTERHEAD]

Date

Sandra T. Bushey
Acting Center Director
U.S. Citizenship & Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, Vermont 05479-0001
 

Sh_Ad

Registered Users (C)
#86
Worked for Company A & comp A sponsered GC.
Transferred H1 to Comp B & started working. Comp B did 7th year extension based on Comp A's pending 140/485.
If 140 approved. 485 pending for 180 days.

questions:
1. Can I use AC21 & stay with Comp B?
2. since I am working for Comp B on H1, do I need to inform USCIS to use AC21.
3. Do I have to go back to Comp A and if so when?
a) after 140 approval or b) after getting GC?

Thanks
Sh_Ad
 

ksanil23

Registered Users (C)
#87
Please advise for AC21

My case is like this:
EB3 category
PD Oct'2002
I-140 aprooved: Oct 2004
I-485 Interview done at Newark in oct 2005, but haven't got my passport stamped for 485 because my PD is not current, immigration officer advised that I can get my passport stamped when the date becomes current. Officer stamped: Interview Conducted, awaiting PD in my passport.
Now I want to change my employer, since my interview is already done, do I still need to file AC21.

I will greatly appreciate help in this matter.
 

ZKHAN

Registered Users (C)
#88
Ac 21

AC21 Question

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

Can anyone tell me what kind of document one needs from the new employer after changing jobs. Does one need tax return or any financial documents from the new employer?? I got the offer letter. I am going to mail the offer letter and the change of job notification letter to the local office. I have worked for a long time time with my original employer(a lot longer than 180 days).
 

Srinixx123

Registered Users (C)
#89
AC21 Case approved

Hi,
I just received an approval email for our I-485.

I have changed the company before my I-140 is approved and 485 has been pending <180days(yes less than). I did inform USCIS after 140 is been approved and 485 is pending more than 6 months.
I just saw an update yesterday and today, followed by bunch of emails.

On June 20, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.

PD: Feb 2002
140/485 Concurrent: Nov 2004
140: AD April 2005
485: AD June 20 2006
 

The-Dude

Registered Users (C)
#94
Got the e-mail from USCIS-CSSO@dhs.gov last night, my I-485 has been approved!!! God damn, I thought this day would never come...

Here is detailed info:

02/15/2002 - Priority date
10/25/2004 - Concurrent filing of I-140 and I-485 (EB2 China)
05/13/2005 - I-140 approved
08/29/2005 - Changed employer, filed AOS portability letter
07/25/2006 - I-485 approved

No RFEs.

For those who are still waiting, there is a light at the end of the tunnel, just sit tight and you'll get there eventually. Good luck!
 
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lengthyLabor

Registered Users (C)
#96
Moving from EB2 to EB1 after I-140 is approved

hi everyone,
I don't know whether this is a right forum to ask this question. But please help me if anybody have the answer. I have a LC application pending at BEC . Assuming it gets approved and premium processing I-140 I might have I-140 in hand sometimes next year. Now, I am doing PhD which is about to finish by the same time. So my question is , is there a way that I can move to EB1 ? If there is do I have to start all over from the Labor certification stage ? what is the procedure ? Anybody in the same situation ?
 

kike

Registered Users (C)
#97
Is True Or Not?

I Spoked With An Officer Of Uscis They Said If I Still Working For Two Companys...that's Fine But If I Want To Changed I Have To Use The Portability Ac21 And I Have To Wait Maybe 6 Months More From The Date Uscis Receive The Change Letter... But They Said : You Can Receive Everything By Mail Include You Congratulations Letter And Later Your Card... If You Still In The Same Job Just Wait...but If You Pretend To Move To Another One.. You Have To Let Us Know.... I Was Trying To Have More Information If I Will Need An Appointment For The I-485.... But The Officer Said : When Is A Labor Petition You Will Receive By Mail... But If They Need You For Any Reason They Will Send You An Appointment... And YOU CAN BRING ANY PAPERS OF THE NEW EMPLOYER IF YOU DECIDE TO CHANGE YOUR JOB, BUT I ASKED IF I DO IT FOR THE APPOINTMENT THAT WILL TAKE ANY NEGATIVE ANSWER OF THE OFFICER LIKE YOU HAVE TO TAKE ANOTHER APPOINTMENT.....What Can I Do?
Please I Have Faith....I Thinking For A Light Of Hope!!
 
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TSCEB2Current

Registered Users (C)
#98
Hi everyone,

I used AC-21 portability in November 2006 to switch jobs (see my signature). Now, 3-4 months later, I am considering moving to new employer again. Is there anything clear in the regulations that allow or don't allow my second job change??????

Many thanks
 
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