approved I 140 of any use with AC21??

D

diltopagalhai

New Member
I have an approved I 140 from a previous employer but never applied for I 485.
Since then I have changed jobs and now am on H-1b. The I 140 still has not been revoked.
Is AC 21 of any help to me???
 
As far as I know, AC21 is of no use to you. The I-485 needed to be submitted before you can use AC21 as...

1. The AC21 statute applies to portability of your adjustment of status (I-485) if the immigration service takes more than 6 months to adjudicate.

2. To apply for the I-485, you need an I-140 for the employer that sponsors your I-485 application by promising future employment.

Sorry. I believe you have to start again with Labor Cert, can anyone confirm this?
 
I have an approved I 140 from a previous employer but never applied for I 485.
Since then I have changed jobs and now am on H-1b. The I 140 still has not been revoked.
Is AC 21 of any help to me???

remember that ac21 act comprise of several laws. its depends on what part of ac21 you need help from.

if your question is for 7th year extension then yes you will be able to apply for 7th year h1 if the labor was filed prior to 365 days and your 6 year term ends in a month or two. also that labor should be active that it shouldnt have been cancelled or used for someone else. you can check i140 status using its receipt number.

as the other user Exile_2001 stated you DONT have to start the greencard from the start. if you are sure that the labor is not cancelled or substituted for someone else and if the i140 is not revoked and if you have the original i140 approval notice then you can directly file i485 with out the help of employer. i485 is your petition not your employers. once you file i485 after 180 days from its receipt date you can change to any employer using ac21 and continue your greencard with next employers and so on. play it safe.
 
as the other user Exile_2001 stated you DONT have to start the greencard from the start. if you are sure that the labor is not cancelled or substituted for someone else and if the i140 is not revoked and if you have the original i140 approval notice then you can directly file i485 with out the help of employer.
----- if you don’t have I-140 approval notice or just have I-140 filing receipt then check BCIS online status if that says I-140 approved take the print out, you can file I-140 immediately with I-140 receipt and the BCIS online print out. BCIS can check the records. No letter from previous employer needed. If I am in your situation I will file I-485, EAD, AP and then wait for 180 days to invoke the AC21. better do it through a lawyer and keep quiet for 6 months.
 
I agree with Ginnu. I know some one who has done like this. He did not send employment letter in first place with his I-485. Later he sent AC-21 letter. His attorney is of the opinion the applying I-140 it self support the claim that he is sponsoring you. Since employer did not revoke I-140 he did not face any problem. Just make sure that your I-140 is not revoked. It will be alright. You can take this chance
 
Thank you, Tammy, Ginnu, Saigc.
My current lawyer (who is good, but very conservative) doesnt feel that it is a good idea to file I 485 when there is no clear intent on my part to rejoin former employer.
It may be considered fraudulent application, which may put me in a whole lot of trouble.
However I am going to investigate this furthur by consulting nationally recognized immigration firms to get furthur clarrification.
Thank you again.
 
“It may be considered fraudulent application, which may put me in a whole lot of trouble.”
--- How it can be fraudulent application? You have I-140 approved and you are filing I-485 based on that. The employer showed the Intent to hire you for permanent employee when he filed I-140, BCIS needs that intent on part of employer at that time and you have to intent to join him. How the BCIS checks if you have intent or not? Do they give you any psychological test to check your intent before filing I-485? It is very difficult to check the intent at particular point and any objection from BCIS regarding intent will not stand a chance in court. You have intent at 11.PM and it can be changed 11.01, BCIS does not monitor your brain function. Read the BCIS recent MEMO it clearly says the Intent of employer at the time of filing I-140, you can file through any other lawyer read the MEMO:
AC21 MEMO ON BCIS Site
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

You can read below and go to page 3
http://www.visalaw.com/03sep1/newsletter.pdf
 
I am in a similar situation. My 485 was not filed. I have a copy of the approved I140 from previous employer. I also checked on the web and it is still approved. It has been approved since 2000. What can I do with this? My H1 is running out!!
 
kat78758

File I-485; EAD and AP immediately attach copy of approved I-140. Wait for 180 days and if the I-140 still approved you may be eligible for AC21. Don’t inform past employer (if he is not in touch or not helpful) or your friends who work with the past company. Keep quit for 180 days after I-485 is filed.
Once you get I-485 filling receipt you can also extend your 7th year H1 if you wish.
 
My problem is that I don't have 6 months left on my H1 (less than that). Can I switch to F1 and only file EAD after 6months to be safe? I quit my old company when my first H1 finished and did not apply for the extension thru them. So BCIS can easily check when I stopped working for my previous company.

Also, suppose I file for 485 and my previous employer revokes my I140 before 6 mnths...what would be my legal status if I did not apply for EAD and AP? Does it affect my F1 or H1 status?

Thanks.
 
My problem is that I don't have 6 months left on my H1 (less than that).
---- File I-485, EAD and AP, ASAP. You will get I-485 filling receipt in 10-15 days once you get the I-485 filling receipt apply for 7th year extension just attach the I-485 receipt
Can I switch to F1 and only file EAD after 6months to be safe? I quit my old company when my first H1 finished and did not apply for the extension thru them. So BCIS can easily check when I stopped working for my previous company.
---- Don’t switch to F1( it is not dual intent), GC is for future job, no need that you should be working for the employer who field I-140, you can be with other company on H1b status. H1 is different petition and I-485 is different petition, BCIS has nothing to do with whom you are working with H1B.
Also, suppose
-- Still Suppose? Act fast
I file for 485 and my previous employer revokes my I140 before 6 mnths...what would be my legal status if I did not apply for EAD and AP?
----- if the previous employer revokes the I-140 before I-485 hits 180 days then your status will be H1 if your H1 through other company is valid, if you apply your 7th year extension based on LC, I-140 pending or I-485 pending then H1 will remain valid
Does it affect my F1 or H1 status?
----- It will not affect H1 status, better you should also apply EAD and AP. You are wasting your time you should have filed I-485
 
Ginnu,

The knowledge you have, the ideas and suggestions you give and the way you help others is extraordinary.

I don't know what to say except that I salute you for all your noble deeds.
 
kat78758

=> kat78758

I filed my I-485 using previous employer's I-140 and I spoke to them about it, they didn't have any problem and now its over 180 days. I think you should file I-485 and speak to your previous employer to not to revoke I-140. After 180 days you can use Ac21 to go with your present employer. Ginnu helped me a lot about understanding AC21 in future employment basis case.
 
to ginnu and others..pls help

Hi,

I have previous employer's I-140 with me. It was approved on oct 2001. I left the company and took a permanent job. With my current employer, my LC is pending for nearly 2 yrs.

1) Can I use approved I-140 of year 2001 now to file I-485 on my own? Will it cause any problem ?

2) What about the employment letter needed for filing I-485.? My previous employer might not give it to me.

Pls let me know.
Thanks!
 
1) Can I use approved I-140 of year 2001 now to file I-485 on my own? Will it cause any problem?
----- Check BCIS online if I-140 is not revoked, if not revoked file I-485, EAD, AP immediately, keep quiet for 6 months, no letter from previous employer needed and they are not going to look for it for 18-24 months, once cross I-485 filling 180 days send the new letter from current employer and your intent change and invoke AC21
2) What about the employment letter needed for filing I-485.? My previous employer might not give it to me.
---- Don’t ask for the letter it is not needed and don’t inform your past employer or friends that you filed I-485, keep your mouth shut for 180 days after filing I-485, EAD, AP. no need to tell your current employer that you are going to file I-485 based on previous employer I-140.
 
ginnu,

I followed your advice and filed I-485 in Nov . Last week recd the receipt notices too.

I also checked online ...my I-140 is not revoked.

After 180 days, I guess I have to inform my current employer . So then should I send the new letter from current employer , my intent change and invoke AC21 ?

Does it mean I don't require any letter from my previous employer?

thanks.
 
After 180 days, I guess I have to inform my current employer . So then should I send the new letter from current employer , my intent change and invoke AC21 ?
Click to expand...
Yes. However, it is better if u do not include start date in your letter from the current employer.

Does it mean I don't require any letter from my previous employer?
Click to expand...
Yes.

Goodluck and keep us posted.

-ab
 
One more thing,

I didn't fill G-28 forms for I-485 . Since I am representing myself,
will I receive all approval notices etc (all correspondence from BCIS) directly ? Do I need to fill G-28 ?

I haven't yet applied EAD and AP ..thinking of applying after 6 months as I am still on H1 ( 7th yr h1 extension is pending and employer has no problems of extending H1s )

pls reply...thanks a lot !!
 
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