Advice needed on filing AC-21

V

Visiri

Registered Users (C)
I can not say enough about the forum. You guys are doing real good job in answering questions for people like me and help reducing lot of anxiety. Thanks a lot in advance for your advice and comments.

July,4th,2006

I am about to get an offer from a new company (probably in a week). But I sense I am close to get my I-485 approved (I could be wrong). Some where from the forum, I read one has to file AC-21 before the approval of I-485. Following are some of my questions:-

1. After getting the offer from the new company, I have to give 2-weeks notice to the old company and also planning to take a week off to move things and get settled in the new place. Roughly, it would take 1 month before I join the new job. What if my I-485 gets approved in this month? Do have I to still file AC-21 and let USCIS know that I changed my job?

2. Can I file AC-21 with the offer letter (from the new company) and all other required documents, while I give my resignation letter to old company?


Following are some of my case details which might help you :

July, 2002: Labor approved (EB2).
Dec, 2002: I-140 approved.
March, 2004: I-485 filed.
Current retrogression date for EB2: Jan, 2003.

Thank you,
Visiri
 
1, NO .. you do not have to file anything once you are approved. Its a conceptual thing and a little logic will let you undertand that its not required at that point anyways. Personally I support the theory of NOT giving information that is not asked by USCIS.

2, You do not have to file AC21. I never did, unless USCIS sent me RFE. Thats the time to let them know of AC21 to be on safe side. Believe me you, USCIS knows alot about AC21 and its application. I have not seen any case of AC21 getting denied.

Good Luck
 
Cheekoo,
I have also used AC21 after my I-485 is pending for a year and I-140 is approved. My lawyer also suggested the same thing no to file for AC21 and wait for RFE.
I see only one problem if you don't file for AC21 is if your I-485 gets approved without any RFE then according to USCIS you should be working for your orginal sponser GC Employer, but you are not as you used AC21.Some people are saying this might effect citizenship in future.
 
Cheekoo & S_Reddy,
Thanks a lot.

One more thing to ask. I have seen a discussion link where they provide sample documents (some word & PDF files) needed to invoke AC 21. I have been searching it for a while and got frustrated..If you guys know of the link, please let me know.

Thanks
Visiri
 
Thanks Kiran.

GreenCardVirus,

What do you mean by name check process? I am not sure what you are talking about.
 
S_Reddy said:
Cheekoo,
I have also used AC21 after my I-485 is pending for a year and I-140 is approved. My lawyer also suggested the same thing no to file for AC21 and wait for RFE.
I see only one problem if you don't file for AC21 is if your I-485 gets approved without any RFE then according to USCIS you should be working for your orginal sponser GC Employer, but you are not as you used AC21.Some people are saying this might effect citizenship in future.
Click to expand...

http://www.murthy.com/chatlogs/ch071805_P.html
Chat User : How soon does AC21 need to be filed once we join a new job? I am on the payroll of the new company after the day I resigned to my previous job, but AC21 is not yet filed.

Attorney Murthy : It is safest and best to file the AC21 change of employer papers in about a month after joining the new job. The time of filing also depends on how quickly one expects the USCIS to make a decision on the I-485 case, since it is best not to wait until the case gets approved, since that causes possible additional problems down the road for such a person in case there is an investigation or if there is a citizenship filing, etc.

Copyright © MURTHY LAW FIRM
 
The AC21 "INVOKING" myth

S_Reddy said:
Cheekoo,
I see only one problem if you don't file for AC21 is if your I-485 gets approved without any RFE then according to USCIS you should be working for your orginal sponser GC Employer, but you are not as you used AC21.Some people are saying this might effect citizenship in future.
Click to expand...

Lawyers are minting $money$ for simply sending the letter. USCIS does NOT recognise AC21 letter within the required perameters of processing I485. There never is any LUD due to that. People who even sent the letter in advance, got RFE for current employment letter. Makes sense ?

For example : Take 2 scenarios with current PDs, both I140 approved and I485 pending over 180 days (a) Mr. A sent AC21 letter and (b) Mr. B did not send AC21 letter. Now both cases gets to one USCIS adjudicator. How will he judge the 2 diff cases ? The AC21 law is there, which should automatically applicable to every applicant regardless of "The letter to invoke AC21".

USCIS adjudicator are GOVT LAWYERS, they 'now' have clear instructions for AC21. It is the Law which is giving a way out to such people with I140 approved+I485 pending over 180 days. USCIS will never invite Law suits by denying the cases.

Do you show your driver's licence to first policeman you see every morning and tell them that you have a licenece to drive an automobile ? NO. Its only when an officer questions/suspect for your licence/elidgebility to drive then you show him papers. (unless you are involved in some lawbreaking activity)

Has it ever effected anyone's citizenship ? I dont find any case. AC21 has a purpose to it which is to set those people with extraordinarily delayed GC cases to freely switch jobs, within their specific professional fields.

The only important point is that at the time of adjudication, were you genuinely employed ? Paying Taxes ? etc.
 
Cheekoo,
I totally agree with you on this and makes sense. We should not send any documents unless asks for especially with USCIS.AC21 is a Law and as per law you are covered.
That was the reason i didn't file because my I-140 will not be touched by my previous employer.
 
Visiri said:
Thanks Kiran.

GreenCardVirus,

What do you mean by name check process? I am not sure what you are talking about.
Click to expand...

Going by your date line, you are most likely stuck in Name Check (which is a security check done on you if you did something wrong in previous life :) )

NC is a type of security check. Roughly 1% of people are stuck up in it for 3-4 years.
 
Regarding sending AC21 documents, as per Yates Memo, it specifically says that one is supposed to notify USCIS of job change based on AC21.

Whether they actually use that information or not, it is a different case.
 
Thanks guys for all the info.

I spoke to the new employer's lawyer couple of days ago.He clearly mentioned that if USCIS sends RFE in the future he can respond with invoking AC21 and showing all the required evidences.

I guess that provides a peace of mind. Now I have to worry about what I did wrong in my previous life:-) .

Thanks
Visiri
 
This message is for Ginnu,

Here is my story. My previous employer A filed LABOR and I-140 and got approved in EB3 with PD of JUN'2000. Employer A failed to file my I-485, because they couldn't find a project in 2001. They did not cancel my I-140. I joined new employer in 2001 and filed new labor in DEC'2003 and is still pending.

In Mar'2006 I got in touch with my previous emplyer A and they verbally agreed that they would find a project, but did not give any letter.
Luckily I had copies of LC and I-140 and in MAR'2006 I filed my I-485 without an employment letter and got my EAD card.

What happens if I get RFE for EVL??

Can I use AC21 and get a letter from my current employer??

Do they ask for letter from sponsoring employer?? as well as current employer???

It's been 5 months since I filed my I-485. If they ask for EVL, can I wait till my 485 crosses 180 days ??
or Get letter from sponsoring employer??
the problem is sponsoring employer is not willing to give a letter???

Please advise me..

Thanks in advance
 
rirlaborCT said:
This message is for Ginnu,

Here is my story. My previous employer A filed LABOR and I-140 and got approved in EB3 with PD of JUN'2000.
Employer A failed to file my I-485, because they couldn't find a project in 2001.
------------- I-485 belongs to YOU not to employer you could have filed I-485 with I-140 filing reciept or I-140 approval copy
They did not cancel my I-140.
I joined new employer in 2001 and filed new labor in DEC'2003 and is still pending.

In Mar'2006 I got in touch with my previous emplyer A and they verbally agreed that they would find a project, but did not give any letter.

Luckily I had copies of LC and I-140 and in MAR'2006 I filed my I-485 without an employment letter and got my EAD card.

What happens if I get RFE for EVL??
------------send new employer job offer letter and invoke AC21
Can I use AC21 and get a letter from my current employer??
-------YES
Do they ask for letter from sponsoring employer?? as well as current employer???
----------- if I-485 pending hits more than 180 days, they will ask recent letter and send new employer letter
It's been 5 months since I filed my I-485. If they ask for EVL, can I wait till my 485 crosses 180 days ??
--------------- if they ask letter before your I-485 pending less than 180 days then you may have to submit letter from A, if they ask after 180 days you are safe and send new employer job offer letter

Thanks in advance
Click to expand...
"Luckily I had copies of LC and I-140 and in MAR'2006 I filed my I-485 without an employment letter and got my EAD card."
did you ask the posted questions from lawyer who filed I-485???
** if possible dont use EAD and remain on H1 status till I-485 dont gets approved.
 
This message is for Ginnu,

Thanks Ginnu for your fast response.

Actually I filed my I-485 without any Lawyer. I did file I-485 without employment letter.

Is it necessary to have bonafide agreement with sponsoring employer and employee at the time of filing I-485??
Or is it only required at I-140 stage??

Do USCIS issues any RFEs to prove bonafide agreement with sponsoring employer at the time of I-485 filing??

can you please answer.

Thanks in advance.
 
Ginnu/Chekoo can you please give me your opinion, will really appreciate your help.

I got a 485 RFE , which just asks for a EAD CARD, and I94 COPIES.After my 140 approval and 458 pending for more than a year, I joined another comp and then within 4 months left that one and joined my present company.I never informed INS explicity on AC21.

What do you suggest, I inform them now and file AC21 or just provide papers which have been asked in RFE? RFE does not mention employment at all.
 
gcbandwagon said:
Ginnu/Chekoo can you please give me your opinion, will really appreciate your help.

I got a 485 RFE , which just asks for a EAD CARD, and I94 COPIES.After my 140 approval and 458 pending for more than a year, I joined another comp and then within 4 months left that one and joined my present company.I never informed INS explicity on AC21.

What do you suggest, I inform them now and file AC21 or just provide papers which have been asked in RFE? RFE does not mention employment at all.
Click to expand...
Kindly give your PD and other info.

In my opinion, You dont need to file/send any AC21 cover letter. Just provide USCIS what they asked you to. USCIS knows that AC21 covers you and everyone with the same position like you. USCIS is aware that anyone with approved I140 + Pending I485 > 180 days can legally change jobs.

If required, USCIS may issue you another RFE for current empl letter and pay stubs etc. That would be the time for you to inform USCIS of AC21 to be on the safe side.
 
rirlaborCT said:
This message is for Ginnu,

Thanks Ginnu for your fast response.

Actually I filed my I-485 without any Lawyer. I did file I-485 without employment letter.

Is it necessary to have bonafide agreement with sponsoring employer and employee at the time of filing I-485??
---no agreement needed
Or is it only required at I-140 stage??
-----I-140 is filed by employer and they intended to hire you and signed the I-140
Do USCIS issues any RFEs to prove bonafide agreement with sponsoring employer at the time of I-485 filing??
----------------Employer letter, if not sent they will send RFE and reply with new employer job offer letter

Thanks in advance.
Click to expand...
 
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