AC21Case approved

higcoptimist · Apr 6, 2007

Company's change in Ownership and AC21

Hi,

My company's has been bought over and has changed it's name. The location and the operation continue to be the same. There is no change in my job responsibilities

Do we have go thro the AC21 process? Please advise.

Please see signature for my details.

Cheers

Higcoptimist

simshyam · Apr 23, 2007

I work at a govt facility as a contractor (the contracting company "X" is my employer). Every 5 yrs, the contract between the company "X" and the govt enters into a recompete. Well it is coming soon in July. If my company "X" wins again, then no issues. If a company "Y" wins in the recompete, then we all become employees of company "Y", but we will still work as contractors to the govt and none of our job responsibilities ever change. But since my employer will change, do I have to go thru' the AC21 portability process?

Please let me know. Thanks in advance!

kike · May 7, 2007

read what attorney said!!!!

Hi, I Want To Share With You Guys My Experiencie With Two Differents Attorneys
1.-asian Attorney : If You Use The Ac21 For Your Interview You Will Probably Need To Expend More Time To Wait For The Approve Portability, Then You Can Be Lucky If The Officer Accept The Letter Same Day Of Your Interview And You Can Be Granted But If Very Complicate For The Officers,,, They Need To Send For Consultation With Their Supervisors...or They Can Send To Nebraska Service Center..., You Can Send Now The Ac21 To The Local Office Where Is Right Now Your Case And Wait For Any Decision...(fees For Ac21 500 Fees For Assit To The Interview 800)
2.-anothey Attorney : You Will Be More Longer To Wait A Decision For The Ac21, Don't Do It, We Told Her The Petitioner Employer Couldn't Make Thw W-2 For The Last Year 2006, She Said Thats Very Bad That Wil;l Affect Is Relevant To Proof W-2 Before The Gc...(fees For The Ac21 500 Fees For Asssit To Teh Interview 1800.)
Now We Feel More Confuse; We Have Everything From The New Employer They Have Just Two Years Of Taxes...but We Have Letter I-140 W-2 Of 2006 And Last Paystub ....the Petitioner Employer Are Almost Change Owner So If To Difficult To Me Decided The Only Thing Is My Interview Is Around The Corner...so And Dont Know If Have Enough Time To Send The Ac21 By Mail....if We Decide For That... Please Some Recommendation ...please, My Husband Want To Find Another Attorney ....thanks

ragu001 · May 22, 2007

Am I eligible to apply AC21?

Can anyone answer this question.

I work for company A, they filed LC in Aug 03 and at the same time I also went ahead and filed GC with Company B. I am still working for Company A, LC is pending as of NOW.

With Company B, I got LC in Dec 03, I140/I485 applied in Mar 04, Got EAD in Jun04, 1st FP Apr 05, I140 cleared in Aug 05. 2nd FP May 07.

I never worked for company B, and I am not intent to work with company B. Can I apply AC21 with a Company C and move ahead, if not is they any other way to avoid working with Company B, but get my GC??

Please help

rambaba · May 25, 2007

Did any one filed AC-21 for hourly wages. Could someone point a sample for employer letter for such offer.

My GC Labor has salary as annual wages (technically the salary plus the benefits). New offer is in hourly (so, it will be all inclusive - no benefits). Should this be mentioned as well.

Saibandhu · Jun 23, 2007

Employer not applying EAD and giving I-485 receipt

Hi Gurus

My employer did not apply EAD saying that its a company policy and is not giving I-485 receipt notice , what are my options for proof to apply for AC21 portability?

aqan · Sep 9, 2007

Experts could you please reply to this.. I'm in a similar situation and planning to consult an attorney. Eventhough I hate the lawyers because they attach too many ifs and buts with every statement they make, I need to get some legal advice before making a move.
I love this forum as people post their honest opinion and practical experience.
Please reply if you have done this before or if you have any pointers to other threads.
Cheers

ragu001 said:

kak1978 · Sep 10, 2007

Saibandhu said:

485 is YOUR application. Call USCIS and they will be able to give you your 485 receipt number based on you name and dob. Then based on the 485 receipt number you can apply EAD on your own.

ramu_ramya · Sep 14, 2007

Retaining EB3 priority date for EB2 and AC21 Portablility

Hi guru,

Please find the my detials below.
1. Is my EB3-485 will get linked to EB2 after the PD transfer?
2. Also i would like to invoke AC21, by doing H1 Transfer. Is anyone has any details and procedures to do the H1 transfer with Ac21?

===============================================

EB3:
PD: July 31 2003 (India)
I140/485 : RD : May 28 2004
I140 AD: April 7 2005

EB2
PD : March 9 2006 (India)
I140: AD : May 13 2006

Applied for PD transfer from EB3-EB2. Waiting for duplcate EB2-I140 receipt with the updated PD.

===============================================

can'twaitany · Sep 17, 2007

H-1B Transfer has nothing to do with AC21. You

ramu_ramya said:

can transfer your H-1B to the new Company and after 2 or three paystub you can file your AC21 and notify USCIS with chaging your Job.

PA03 · Sep 17, 2007

Different position/Salary...

I filed GC with Company A, position X and Salary Y. Can I use AC21 to switch to company B, position not X and salary is Y+, but the Job responsibility is same.

can'twaitany · Sep 20, 2007

Yes, As long as you past the 180 days of I-485

PA03 said:

pending with the same or similar Job description you can change your company with filing AC21.

simpleman1971 · Oct 4, 2007

confirmation after you submit AC21?

Congratulations HMD,

Thank you for your information here. did you receive any kind of information after you mailed the AC 21 documents.

Regards,

Simpleman1971

MI_NonRIR · Oct 4, 2007

AC-21 Issues -- Gurus please advise

I would like to change my employer who filed for my greencard.

My I-140 has already been approved and I-485 was received by USCIS on 7/13/07 and I also received my EAD card.

So, if I change my employer after 180 days of 7/13 (i.e., December 14th), do I have any risk?

If my current employer withdraws the I-140 after I left to join the new employer, but I already filed for AC-21 at that time:

Do I still have a little risk of getting my case complicated?

Please advise.

Dallas03096 · Oct 4, 2007

MI_NonRIR said:

Please refer this memo for AC21: http://www.uscis.gov/files/pressrele...ntrm122705.pdf

In your enthusiasm to use AC21 do not calculate the number of days wrongly.
It is only 154 days from 7/13 to 12/14. You may use the following link for calculating the number of days correctly: http://www.timeanddate.com/date/duration.html

forgood · Oct 11, 2007

I am in the same boat as you

MI_NonRIR said:

Did you talk to your lawyer? Please do and let me know. I couldn't get hold of my lawyer for the past 10 days. May be he is on vacation.

My other question is, If we start using EAD (By AC21), will our H1B automatically become invalid? What if we used our EAD and for some reason the 485 got rejected. Are we in illegal status immediately. It doesn't make sense. But just a fear in the corner of the mind.

Please keep in touch so that we can find our issues.

**** I am not a lawyer. Those are just my thoughts *****

gc09292003 · Oct 14, 2007

Future Employment

Hi Gurus

Iam working for Company A. My GC is being processed by company B.Iwant to swith to comapny B and work.I applied for EAD aslo.

1) When can I start working for company B. Does AC21 applies to me.Does AC21 is related to any job change or chaning job fron the GC Sponsor.

2) Go I need to inform CIS about this change.

3) In LC salary is defined as $xxK. But I may get more than that. Does this will be a problem if they check my paystub and W2.

Thanks in Advance.

AgentM · Nov 8, 2007

My employer is not giving me the I140 approval, how do I find the wage and the job description on the LC?
Please let me know.

Thank you.

Greencarddream · Nov 9, 2007

When to invoke AC21?

PD: Feb 2003/EB3
RD:June 26, '07/NSC
ND:July 20, '07
FP:Aug 18, '07
EAD: Sep 20, '07
AP: LUD: Case pending.

I will complete my 180 days from the RD on Dec 23th.
1. Can I invoke AC21 before this date without an employment letter?
or
2. Do USCIS accept the employment letter from the new company dated prior to the 180th day? If so I could switch immediately upon completeing 180days.

Pls guide.

Thanks
GC Dreamer

MIMC · Nov 16, 2007

Guys

So far I have read over and over again that if you want/need to change employers you have to wait 180 days after i-140 is approved. From another perspective, I looked into the responsibilities of a sponsor and the scenario is very different. It states that a sponsor is responsible for the employee up to the time a) employee dies b) employee becomes US Citizen c) employee is paid by sponsor 40 fiscal quarters (10 yrs). This is due to the affidavit of support that a sponsor must attach to the I-140.

As I see it (not legal expert), some employers could state that since they are your sponsor, they are responsible for at least 5 yrs until you become a USC!!!!!

I want/need to leave my employer, but I don't want/need to tangle with legaleze.... Very confusing
From this perspective, even with a

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