Burning AC21 question? Please help me URGENT

T

tightwait

Registered Users (C)
Got two burning AC21 related questions, please someone help me urgent!!!

1. Do I have to look at the date that the company I am moving into was established to handle Ability to Pay RFEs so that the companys establishment/incorporation date is the same as the priority date on my application?

2. My prospective employer is based out of California while my Green Card is from Texas Service Center and also I shall be on a consulting assignment in Texas through this California based company, so will that cause my file to get transferred or cause me to be called for an interview or something.

Thanks, please help me someone, urgent.
TightWait
 
tightwait said:
Got two burning AC21 related questions, please someone help me urgent!!!

1. Do I have to look at the date that the company I am moving into was established to handle Ability to Pay RFEs so that the companys establishment/incorporation date is the same as the priority date on my application?

2. My prospective employer is based out of California while my Green Card is from Texas Service Center and also I shall be on a consulting assignment in Texas through this California based company, so will that cause my file to get transferred or cause me to be called for an interview or something.

Thanks, please help me someone, urgent.
TightWait
Click to expand...

1) question is too confusing. make it simple

2) No.

If you've used AC-21 or no AC-21, 140/485 will continue to be processed
from original service center.

It'll move to CSC only if u descide to file another 140/485 thr' an employer
which comes under CSC.
 
Burning question in simpler terms

Hi Fast_GC_seeker,
Sorry for the complicated question. Basically, the 1st question I was asking was as follows:
I am thinking of changing jobs using AC21. My GC is based on labor substitution and I am not sure of the priority date and my original sponsoring company is refusing to give me the approved labor and I140 saying they are company petitions that I need not have.
The company I am moving into may not have been around on the priority date of my Green Card, so for example if my priority date had been 1998, then since the company started in 1999, would there be any problem if I got an Ability to Pay RFE since from what I read the Ability to Pay RFE says that the company should have the ability to pay from the priority date to when the GC was approved?
So, I guess the question is, when one changes jobs using AC21 does one have to check whether the company one is moving into has been established on or before my priority date?
Please let me know.
Thanks a lot fast_gc_seeker, really appreciate your help in this.
Regards,
Tight Wait
 
tightwait said:
Hi Fast_GC_seeker,
Sorry for the complicated question. Basically, the 1st question I was asking was as follows:
I am thinking of changing jobs using AC21. My GC is based on labor substitution and I am not sure of the priority date and my original sponsoring company is refusing to give me the approved labor and I140 saying they are company petitions that I need not have.
The company I am moving into may not have been around on the priority date of my Green Card, so for example if my priority date had been 1998, then since the company started in 1999, would there be any problem if I got an Ability to Pay RFE since from what I read the Ability to Pay RFE says that the company should have the ability to pay from the priority date to when the GC was approved?
So, I guess the question is, when one changes jobs using AC21 does one have to check whether the company one is moving into has been established on or before my priority date?
Please let me know.
Thanks a lot fast_gc_seeker, really appreciate your help in this.
Regards,
Tight Wait
Click to expand...

Now..that is not simplification...
Anyway i'll try to answer to what i think your questions are.

a. "original sponsoring company is refusing to give me the approved labor and I140 saying they are company petitions that I need not have. "
-- True and quite normal.

b. "The company I am moving into may not have been around on the priority date of my Green Card "
-- So..?? The priority date has got nothing to do with AC21.

c. "would there be any problem if I got an Ability to Pay RFE "
-- You''ll have to show financial/income documents for the company you are filing AC21 for.

d. "when one changes jobs using AC21 does one have to check whether the company one is moving into has been established on or before my priority date?"
-- NO.

If you have atleast 6 paystubs and couple of year's W2 forms...that would suffice.
 
Ability to Pay RFE

c. "would there be any problem if I got an Ability to Pay RFE "
-- You''ll have to show financial/income documents for the company you are filing AC21 for.

Thanks a lot pv1976, but for the above question where you were mentioning that we need to show financial/income documents for the company I am filing AC21 for, my question was shouldnt the financial documents have to be shown from the date my labor was filed till current? Basically. what would be the date range for the Ability to Pay RFE for financial docs?
Awaiting your reply on this pv1976 urgently.
 
tightwait said:
c. "would there be any problem if I got an Ability to Pay RFE "
-- You''ll have to show financial/income documents for the company you are filing AC21 for.

Thanks a lot pv1976, but for the above question where you were mentioning that we need to show financial/income documents for the company I am filing AC21 for, my question was shouldnt the financial documents have to be shown from the date my labor was filed till current? Basically. what would be the date range for the Ability to Pay RFE for financial docs?
Awaiting your reply on this pv1976 urgently.
Click to expand...


If the RFE is for "employers ability to pay"...then it shud be company's financial statement. It can be for the current year. It doesnt matter if the company had the ability to pay you during the priority year. All USCIS looks is if the company has the ability to pay you now or in near future when the GC will be approved. So forget the "priority date" part from your thoughts. Remember, GC is always for future date.
Well...that is what my thought. I could be wrong. If there are experts out there, they are more than welcome to correct me.
 
tightwait said:
Hi Fast_GC_seeker,
Sorry for the complicated question. Basically, the 1st question I was asking was as follows:
I am thinking of changing jobs using AC21. My GC is based on labor substitution and I am not sure of the priority date and my original sponsoring company is refusing to give me the approved labor and I140 saying they are company petitions that I need not have.
The company I am moving into may not have been around on the priority date of my Green Card, so for example if my priority date had been 1998, then since the company started in 1999, would there be any problem if I got an Ability to Pay RFE since from what I read the Ability to Pay RFE says that the company should have the ability to pay from the priority date to when the GC was approved?
So, I guess the question is, when one changes jobs using AC21 does one have to check whether the company one is moving into has been established on or before my priority date?
Please let me know.
Thanks a lot fast_gc_seeker, really appreciate your help in this.
Regards,
Tight Wait
Click to expand...

For using AC-21 ur 140 has to be approved and 485 pending for > 180 days.
Also ur new job has to be similar to one mentioned in LC.Its as simple as this.
I dont think USCIS cares for date on which new company has started.
 
answer for question 1

answer for question 1
---NO, GC is for future..and they want to make sure u r paid currently and will be paid in future when u get GC

Rama
 
vijji241 said:
To use AC-21 please make sure that I-485 should be greater than
180 BUSINESS DAYS !!!!!!
Click to expand...

I think it is 180 calendar days.....180 business days would mean more than 8 months...USCIS has mentioned in its AC21 memo of Aug 2003 that it is 6 months of 485 pending....which by default means 180 calendar days...

Any other comments...
 
Question for UnitedNations !!!!!!!

Can we use AC21 to move to another company who pays less than proferred wags but can produce an EVL letter stating after getting GC will pay proferred wages.... Of course AC21 company being financially sound !!!!!
 
Does the new company have to pay you the amount in your LC at all?

Can anyone please provide links where it confirms this? Thanks!

I understand that there might be issues if the difference is noticeable. But what if someone changed job to a 90% of LC salary and continues in that? There could be hundreds of reasons to justify such a scenario. Money cannot be the only factor for a person to use AC-21, right? Any thoughts are welcome.
 
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