AC21Case approved

plztoday

Registered Users (C)
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!

Yes you have to submit AC21 as you are changing your employer.
 

plztoday

Registered Users (C)
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

I think you can submit AC21 again if you want to move.it is just a way of informing USCIS your current employment status.but again i am not a legal person.
 

billofempire

Registered Users (C)
Ac21

Please put some light on AC21.
Do we need new sponser and apply for new H1 to go for another similar job while I-485 is pending over 180 days and send information to INS ? or one can work on EAD and switch job and inform INS?
Thanks
 

beachcomber

Registered Users (C)
Dear HMD can you please clarify what you mean by AC21 Case

Is it a petition that has to be approved by CIS before you switch jobs?
If thats not the case then how can one be assured that they meet the criteria for AC21 portability?
In later case if one assumes he/she has genuine credentials for AC21 portability what happens if CIS still rejects it?
What factors could contribute to a rejection?
What happens after a rejection?

I would really appreciate if you can help me understand this process.
Thank you so much in advance.

Beachcomber
 

igor_ch

Registered Users (C)
There is no petition. It is a free-form letter with supporting documentation. Some lawyers even advise *against* filing anything with USCIS at the time of switching jobs, saying it would cause more confusion than help. However, if you leave your previous employer on bad terms, then you should definitely consult a lawyer, as that employer would be more likely to revoke your I-140.

You may want to transfer your H1, though. Using EAD just adds unnecessary risk in case of possible I-485 denial.

You cannot be "assured" until GC is approved. Make your own judgement or talk to a lawyer, and then make your own judgement.

Based on what I read, there is not much reason for AC21-based I-485 denial other than 1) switching before 180 days, or 2) not occupying a similar job.

Read this FAQ and all the other pages linked from it: http://www.murthy.com/news/n_nuacp1.html

Dear HMD can you please clarify what you mean by AC21 Case

Is it a petition that has to be approved by CIS before you switch jobs?
If thats not the case then how can one be assured that they meet the criteria for AC21 portability?
In later case if one assumes he/she has genuine credentials for AC21 portability what happens if CIS still rejects it?
What factors could contribute to a rejection?
What happens after a rejection?

I would really appreciate if you can help me understand this process.
Thank you so much in advance.

Beachcomber
 

beachcomber

Registered Users (C)
AC21 and H1 issues

I have my H1 from company A and I'm planning to join Company B and Company B doesn't sponsor H1 visa. Can I still Join Company B??

Company B is a very big organisation and they are willing to hire me as a Full Time Employee with a similar job description as in my LC.

I suffice the Ac21 criteria
i.e. 180 days of I-485, approved 140 and similar job description.


Thank you all in advance.

Regards,
Beachcomber
 

plztoday

Registered Users (C)
Ac21

I have the same question. I have submitted my AC21 cover letter and company letter over 2 months now(Dec 07) but did not receive any thing from USCIS not even a LUDs . Do i need to worry about it?
Did anyone received a letter stating they rec the AC21 letters. or at least had a LUD ??


HMD,

Did you receice any kind of confirmation from USCIS when you mailed all the documents.

Thanks,

SimpleMan
 

plztoday

Registered Users (C)
Yes you can by using EAD.

I have my H1 from company A and I'm planning to join Company B and Company B doesn't sponsor H1 visa. Can I still Join Company B??

Company B is a very big organisation and they are willing to hire me as a Full Time Employee with a similar job description as in my LC.

I suffice the Ac21 criteria
i.e. 180 days of I-485, approved 140 and similar job description.


Thank you all in advance.

Regards,
Beachcomber
 

plztoday

Registered Users (C)
U can use EAD for it or can do a H1 transfer. if you use your EADthen you loose your H1 status , then if some thing goes wrong you can not go back to your H1 status and you have to leave the country . so it is always advisable to keep the H1 status by doing a H1 transfer.thought it is the worst come scenario but then no harm being prepared ...


Please put some light on AC21.
Do we need new sponser and apply for new H1 to go for another similar job while I-485 is pending over 180 days and send information to INS ? or one can work on EAD and switch job and inform INS?
Thanks
 

plztoday

Registered Users (C)
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

No dont use employment letter from the new company dates prior to 180 days of I140 approval. you can change after 180 days and the letter's date should be current as of then.

i am not a legal adviser .
 

PERM2006

Registered Users (C)
hmd,

THANKS a LOT for helping us all with this - you are doing a great job, I have just one question. What if I want to utilize AC 21 with an un-approved I-140? Is that advisable?Are there risks?

Thanks!
 

sraj101

New Member
I understand that on EAD we can change jobs and have AC21 letter send to USCIS. ( after 180 days for I485 filing and I-140 approved)

Please comment on my case -
1) I 140 approved
2) I 485 filing date crossed 180 days

Now my question what if I join new company YYY. And if my current XXX company revoke I-140 immediately whenever I inform them.
I understand Ac21 is safegaurd in this case. But AC21 is kind of letter which can be send after 1 month with new employer to have atleast 2 pays slips.
So during this period i would say for month + ( 5-6 weeks) will that be any negative impact on I-485.

Please suggest.
 

PERM2006

Registered Users (C)
Will appreciate some help!

hmd,

THANKS a LOT for helping us all with this - you are doing a great job, I have just one question. What if I want to utilize AC 21 with an un-approved I-140? Is that advisable?Are there risks?

Thanks!

I would really appreciate some help on above and...

Also for the purpose of 180 days - what is the starting date RD or ND (Received Date or Notice Date).

Thanks in advance
 

kemiomo

Registered Users (C)
I would really appreciate some help on above and...

Also for the purpose of 180 days - what is the starting date RD or ND (Received Date or Notice Date).

Thanks in advance

Hi Perm2006,

It is not advisable to invoke AC21 when I-140 is pending due to:
If RFE was received by your former employer after you leave and they
sat on it. You can't blame them because they can't vouch for you anymore.
 

Azazello

Registered Users (C)
Just FYI: I switched employers in February, sent all the paperwork mentioned in the beginning of the thread to USCIS and got approved last week.
Tons of thanks to nmd and everybody else who contributed to this thread. You info proved invaluable!
 

simpleman1971

Registered Users (C)
HMD,

Congratulations on your new status. Have you received any kind of response/paper/confirmation after mailing your AC21 papers!

Thanks,

Simpleman1971
 

DJ_Jim

New Member
Please Help

HMD,

Thanks for all your posts. It was very helpful.

I am working for company A. I have applied for 8th year extension of my H1. This time it is for 3 years based on my 1-485 Pending(non-concurrent) for over 180 days and PD not being current. I also have EAD and AP with me; but they will expire in 4-5 months. I would like to join company B. Should I wait for the H1 to be approved for 3 years from Company A and then apply for a H1 transfer to company B? Is that even possible to transfer H1 at this stage? What kind of docs are needed if it is possible? Will last few paystubs from Company A will do?

Thanks much
 
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