AC21Case approved

InTheMoment

Registered Users (C)
Sent AC21 docs in May 08

I-485 got approved in July. I was almost 100% certain that I would have got a RFE because I had changed my address and workplace to a state far away from my original employer/petitioner.

Many folks had mentioned that they had received an RFE for EVL in such a case.

I included the following in my AC21 docs:

Cover letter
Letter from new employer (with start date, job duties, salary)
Yates Memo
2 months of paystubs from new employer
I-485 receipt copy
Copy of latest I-94

Am very sure my docs made it to my A-file!

Maintained original lawyer but didn't pay a dime since I did the AC21 docs myself. Lawyer was recommending to wait for an RFE!
 
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Dane

Registered Users (C)
Hi,

I have applied for 485, 140 and all on pre-approved labor during last year July fiasco. My I 140 approved in July 2008. As per my agreement with company, I can leave them by giving 2 weeks notice. Now my company is threatening to withdraw GC filing from USICS if I do not sign another agreement or if I try to leave the company, Is that possible to withdraw GC? I am on EB2.
 

pvsramu

Registered Users (C)
Reply to Dane

Your employer CANNOT do anything.

I-1485 is tied to applicant. If employer tried to revoke, then USCIS will send a NOID (notice of intent to deny) letter to you, and you can reply with a a New employer offer letter, and your I-485 will continue. Proactively, you can do this.... join with new employer, and send his offer letter to USCIS. Then USCIS will know that you invoked AC21 and you are with new employer and old employer cannot do anything on your I-485. Even if he tries to revoke, request will be rejected.
 

Dane

Registered Users (C)
Hi All,

I think nobody faced this kind of situation, if you know any just let me know.
My I 140 approved from Texas Service Center in August 2008. Then later it was moved to Nebraska Service center as my 485 is in NSC. Now I changed my employer as it was already 1 year passed from the date we filed 485 and my current employer has filed H1 for me and it was approved. I received the H1 documents. Even my earlier employer is co-operative and said no problem.

Now out of blue I received a mail from USCIS saying that they sent a RFE on 140.

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Additional Evidence Sent"

What does this mean? Does this mean that they re-opened 140 and verifying it?
I am waiting for more information from my earlier attorney.

Can the experts give their suggestions on this?

Thank You,
Dane
__________________
Dane
 

manishi

Registered Users (C)
The address given in the beginning is of vermont for cover letter and also for supporting letter. Do i also need to send to vermont or do i need to send to TSC where my case is pending.In the EMPLOYEMENT VERIFICATION LETTER it is addressed to sandra T Bushey of vermont center. so i need to address to her or do i need to address to similar person IN TSC. also how would i find that person's name in TSC.
 

kortan

Registered Users (C)
AC21 without notifying CIS?

Is there anybody out there who can confirm the quote below?

In my case, I just moved from one position to another within the SAME corporation. I have EAD for two more years, it's been more than 180 days since I-140 approved, and I-485 still pending.

The issue is, even though both jobs are in technical nature and do have similarities, I used to work in HR but now I'm in Finance dept. And now it's a manager position. So, my fear is that CIS will not consider it "same or similar" job. So, since the employer is still the same and they cannot withdraw I-140 anymore, is there a risk of not notifying CIS?

Thank you in advance.

after one month was waiting for Paystubs

no it is not mandatory nor required but is advised. Yes you can do that as long as your old employer is gonna support you. The reason for informing CIS about AC21 is that if incase your old employer tries to withdraw your approved I140 then it won't be valid. (i mean the I140 is still valid.)

Even if you don't inform CIS about AC21 and if your old employer tries to withraw your I140 then they will send an NOID on your I485 then you can reply to that saying that you are eligible for AC21 and are using it.
 
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gcdreamer4

Registered Users (C)
Questions on AC 21- Please help

Hi Gurus,

Like most of you I am also suffering from the retrogression, here is my scenario and questions,

Labor and I 140 approved in EB3(more than 3 years back), 485 filed in 2007, have been on EAD working for the same employer. My Labor was filed as Computer Software Engineer, Applications(job code 15-1031) and priority date is Sep 2005. I could not apply in EB2 because lawyers said, I cannot use the experience of current company and I did not have masters.

Now, I have an offer from company B for the position of Senior Manager IT, but I will be working in the same application as in my labor but with additional responsibility of Manager and a significantly higher salary than mentioned in my labor.

Question 1 - Do I need to file AC 21 if I joined this new job in company B?

Question 2 - If I file AC21, will I face any issue because the new job is different from the one in Labor?

Question 3 - What is the recommended approach in my scenario?

Question 4 - I also have my H1 valid till Feb 2010, is it better to get my H1 transferred to company B, If yes, how long this process takes now a days?

Question 5 - Is it recommended to file a new EB2 Labor and I 140 from my new employer with the new job and responsibility and use my original priority date? I believe I can do EB2, now that I can use experience from Company A, Whats the process of using the original priority date? If I do this do I need to go through the 485 processing again? including the medicals..finger printing etc...

Question 6 - Is the offer letter from Company B is what defines the new job description? Or can the offer letter be different and the company B's HR can mention the same job responsibility from my approved labor in the AC 21 letter? Will this suffice the job match criteria for AC 21?

Please help.... any help suggestions will be appreciated.
 

gopo

Registered Users (C)
NIW I 485 portability

Hi
I have I 485 pending based on NIW. My employer did not sponsor I 140 or GC for me and he terminated me. I found a new similar job. I am supposed to notify USCIS about new job on EAD? The I 140 is not petitioned by any employer is based on NIW. I would appreciate your answer. Thank you
 
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