AC21Case approved

I- 485 Transferred to PHILADELPHIA, PA from Vermont

I- 485 Transferred to PHILADELPHIA, PA from Vermont on Oct26, 2004, My I-140 is approved on 2003 January. Any information regarding Philadelphia interview dates...In my message it is saying like this.....

“We transferred your I485 Application to Register Permanent Residence or to Adjust Status to our office in PHILADELPHIA, PA for them to schedule and conduct your interview. Scheduling can take several months. Our office in PHILADELPHIA, PA will notify you when they schedule your interview or take other action on your case.”

Is there any chances with out interview also approval, is any one happened like that.

Please let me know any information if any one knows. Thank you.
 
rapalasa said:
Hi hmd,
How soon did you file for an AC21 after quitting the old employer? Is this mandatory to apply for AC21 or we can still continue working on EAD though you quit the old employer and continue the processing as is with the old employer info. Please let me know.
Thanks,
Raj
Click to expand...

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.
 
Change of Employers

Change of Employers AC21 Act
-----------------------------------

Hi,

I need more info on what needs to be done to change employment. Here are my details:

LC AD : Feb 2003
I-140 & 485 (Cocurrent filing) RD: May 2004
I-140 A.D: Dec 2004
EAD & AP A.D : July 2004
I-485 A.D: Wanted it yesterday :)

Is it OK for me to change employment now? I heard that since my 140 was approved after 180 days of 485 on file, it is not good for changing employment. Can anyone clarify this for me plz?

Also, what needs to be taken care for changing employment?

1. Position Desc: My labor says as 'Programmer Analyst', my new job is 'Enterprise Arch'.

2. Salary: Can it be more or what are the factors?

3. 485: 485 is not pending for more than 180 days after 140 approval. Both of them were filed 9 months ago and got 140 approval recently.

4. AC 21: I heard that AC21 is not an application to be approved, but just letting the USCIS know about the change in employment. Is there any 'Approval' or 'Denial'?

5. If at all the AC 21 is denied, what happens to my status? Will I be losing both my 140 and 485?

6. What if the previous employer tries to withdraw the 485 and 140 after I leave?

7. What would be the safest way to change the employment?

Thanks,

SSV
 
SSV3273 said:
Change of Employers AC21 Act
-----------------------------------
I-140 & 485 (Cocurrent filing) RD: May 2004
I-140 A.D: Dec 2004

Is it OK for me to change employment now? I heard that since my 140 was approved after 180 days of 485 on file, it is not good for changing employment.

---Yes, you can change employer now because your 140 is approved and 485 pending for more than 180 days.

Also, what needs to be taken care for changing employment?

1. Position Desc: My labor says as 'Programmer Analyst', my new job is 'Enterprise Arch'.

---The job description should be the same as in LC

2. Salary: Can it be more or what are the factors?

---Should not be less than LC.

3. 485: 485 is not pending for more than 180 days after 140 approval. Both of them were filed 9 months ago and got 140 approval recently.

---485 should be pending for 180 days (from receipt day) and 140 approved.

4. AC 21: I heard that AC21 is not an application to be approved, but just letting the USCIS know about the change in employment. Is there any 'Approval' or 'Denial'?

---You even can not inform USCIS about changing employers. But some lawyers advice to write a letter.

5. If at all the AC 21 is denied, what happens to my status? Will I be losing both my 140 and 485?

--It's not an application

6. What if the previous employer tries to withdraw the 485 and 140 after I leave?

---I485 is yours, employer can't withdraw it. He can withdraw 140, but if 485 is pending for more than 180 days - you are safe.
Click to expand...
 
VSC Contact Info

Here are the Info you are lookng for VSC

800 375 5283
Option 1 then 2 then 6 then 1 then 3 then 4.

Just keep follow the message, u can get there.
:) ;)
 
Hi voldemarv
Does that mean, Employer caNNot withdraw i-140 if its is past 6 month after filing i-1485?

No need to worry about previous employer withdrawing i-140 when applicant is on AC21?

Thanks
Greeny
 
Greeny said:
Does that mean, Employer caNNot withdraw i-140 if its is past 6 month after filing i-1485?
---No, employer can withdraw I-140. But due to AC21 USCIS will continue to process I-485 application.

No need to worry about previous employer withdrawing i-140 when applicant is on AC21?
---Yes
Click to expand...
If you are not sure check with good lawyer. I'm just a programmer :)
 
Change of job

Can any one help? I understand that its best to infofrm INS, now my I-140 was approved in Dec '04 and was concurrent file. If i move jobs and wait for a pay stub and during that time I-485 gets approved, what happens? Cause I would have left my old employer and already with new, isn't it better to inform INS as soon as u get offer from new employer, that way theres no probs?
 
AC21 Question?

Hello all

I changed jobs after 6 months of filing for 140/485 whe neither was approved.In Dec 2004 I received approvals for both.

My Q is that is it too late to file for AC21 or should I even be bothered about it?

My lawyer never mentioned this to me especially now that I have gotten my approval. I know for a fact that my original company will not try to revoke my I140.

What do you think? If I should file the AC21 what documents are required and how should I go about doing it?

Thanks

Rich
 
AC21 invoekd prior to I140 approval

hmd said:
Attached are the Relevant portions of AC21 and Aug 03 memo from Yates.
Click to expand...

From the memo as attached on bulletin board::
"The memo states:

The AC21 106(c) provides that the [labor] certification or [Form I-140, Immigrant Petition for Alien Worker,] approval … shall remain valid when an alien changes jobs, if (a) a Form 1-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and (b) the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made"

Seems like one can use AC21 without having approved I140. Am I correct in that interpretation?
 
Need Advice , Plz Help me! :: I-140 / AC21 ::

Hi folks,
Iam I/T professional working as consultant for the most part of my career so far,
My Eb2 RIR I-140/485/AP/EAD were filed in 10/08/2004 to Vermont center by a
small 100 + employees Indian company. Got approved AP/EAD on 11/2004.
No finger print notice yet. though i got finger printed in 04/2004 when i
applied H-1B Visa stamping.

1. Is this normal NO FP notice yet, what do i need to do wrt to that?

2. I am working with a good client on 6 month to hire position,
and with a good american consulting company as a preferred vendor
which pays $$ on time, the client expects me to join them as an employee
after 07/2005 like i mentioned above my I-140 applied in 10/2004 and is
pending, the current processing date for EB2 I-140 is 02/2004,
Is there any good chance my I-140 gets approved by 07/2005 or
little after that?

3. I have another offer, this is a pure consulting assignment
the preferred vendor to this client is an indian company who likes to
pay atleast 45 days LATE and My company wants to charge me 4%
more on the billing rate and pay me 4% LESS $$ but ON TIME.
should i consider this assignment? instead of changing companies
while GC is in process and the risk of getting delayed and
put up with this desi indian companies till my GC approves?

Please help me decide, tell me what you would do in my situation ?
Please respond to me at the earliest as i need to decide soon,
I dont have much time at my disposal.

Thank you very much in advance,
it_pro77@yahoo.com
 
Can original company revoke I-485??

Hello,

I recently got approval for my I-140. I may consider switching jobs via AC21. I know that I can do so only 180 days after my I-485 application was made.

My question is that can my current company revoke my I-485 application?? In other words, if they are not happy with me moving to another job based on AC21, can they ask USCIS to withdraw my I-485 application?

My information is in the signature below.

Good luck to everyone.
 
Urgent clarification on support needed from new employer for AC21

My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.
 
That should be more than enough

ajju15 said:
My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back. I have valid EAD and got the renewed EAD which is valid till May 2006.

I have got an offer from Accenture but they are not ready to support my GC process. They can provide me the Employment Verification Letter stating that I have permanent employment with them and salary (which is higher than my current salary). I will request them to put the job role same as stated in my Labor application. In fact I will be working in the same role as now.

My question is: Is it enough to keep my I-485 processing going on AC21? And, Do I need any other document support from the new employer?

Any clarification from experienced people will be really appreciated. Thanks in advance.
Click to expand...

All you need is the employment verification letter from the company that offered you the Job.
 
hmd PLEASE REPLY - AC21 "Approved" ??

hmd,

first of all, thank you for your effort to post the valuable information. :)
What did you mean AC21 "Approved" ? Do you get a case number or something? did you get a letter back from USCIS ? Or is it published somewhere ??

Answers greatly appreciated.
:)
 
How important is the Job Title for AC21?

As per my Labor (ETA 750A), the job title was “Project Leader”. My I-485 is pending at TSC since more than two years and I-140 was approved approximately 18 months back.

I have got an offer from new employer (my current client). The offered compensation is better than now (also around 30 % more than mentioned in ETA 750). But they have very generic job title (with different levels) and the offered title is “Application Developer”. They are willing to put the job role from my Labor Application (ETA 750A) on Employment Verification Letter. In fact they are ready to mention in the letter that their “Application Developer” title is equivalent to “Project Leader” title and I will be working in the same role (joining the client) after the change.

My question is: Do I have valid case for AC21? And, Is there any chance that USCIS can create problem due to job title?

Any clarification from experienced people will be really appreciated. Thanks in advance.
 

That is pretty questionable. It is safe to change the job after your 140 is approved and after 180 days of I485 fifling so that even if your past employer tries to invoke the I140 your I485 is still valid
 
You must log in or register to reply here.
Top