Can Employer file AC21 on my behalf?

[ajju15]

My I-485 has been pending at TSC since October 2002 and I-140 was approved in May 2003. Can anybody clarify the following points?

1. I was going through the GC papers from my last company (which started the GC process), they had filed my labor with RIR and I140 under EB2 (Employment based second preference) category. Does it matter while invoking AC21? And how can I verify if my case was filed under EB2?

2. I joined a big consulting company (one of top five in US) recently. Their HR person is asking me to submit the copy of I-485 and approved I-140 so that their immigration department can file portability (I think they mean AC21) on my behalf. But they are asking to continue with my current (from the old employer) attorney for further GC processing. Is it possible that the new company attorney can file AC21 on my behalf without going through the Attorney change process with USCIS?

3. My labor (ETA750A) approval has the following codes, Occ Code as 030167010, Occ. Title as Chief, Computer Programmer and Ind. Code as 7372. For 030.167-010 code, I found the corresponding code as 15-1021.00 (Computer Programmers) on Onet website. Does it mean that the labor approval was for a computer programmer? In such case if my new company puts the job title and duties for my title “Application Designer and Developer” should suite fine. I am requesting them to take the job duties from ETA750A directly.

This forum has been very helpful for clarification and important tips on GC rules. Again, I appreciate feedback from you experienced people who have gone through this process. Thanks.

 

[ginnu]

My I-485 has been pending at TSC since October 2002 and I-140 was approved in May 2003. Can anybody clarify the following points?

1. I was going through the GC papers from my last company (which started the GC process), they had filed my labor with RIR and I140 under EB2 (Employment based second preference) category. Does it matter while invoking AC21?
-------------------it does not matter, what matter is new employer job offer letter with same/similar job duties to invoke AC21
And how can I verify if my case was filed under EB2?

2. I joined a big consulting company (one of top five in US) recently.

Their HR person is asking me to submit the copy of I-485 and approved I-140 so that their immigration department can file portability (I think they mean AC21) on my behalf.
------ only I-485 reciept is needed from your side (I-140 is not needed)+ new employer letter with same/similar permanent job offer letter of new employer
But they are asking to continue with my current (from the old employer) attorney for further GC processing.
Is it possible that the new company attorney can file AC21 on my behalf without going through the Attorney change process with USCIS?
---- Better file through New Attorney (it can be con be company attorney or YOU hire YOUR Attorney let him send the AC21 and you sign form G28 so that the new lawyer represent you for your I-485, if you dont change the attorney then all Notices or any RFe will go to PAST attorney on record with USCIS, new attorney need to send G28 and if you have moved also update the new address on your pending I-485

3. My labor (ETA750A) approval has the following codes, Occ Code as 030167010, Occ. Title as Chief, Computer Programmer and Ind. Code as 7372. For 030.167-010 code, I found the corresponding code as 15-1021.00 (Computer Programmers) on Onet website. Does it mean that the labor approval was for a computer programmer? In such case if my new company puts the job title and duties for my title “Application Designer and Developer” should suite fine.
I am requesting them to take the job duties from ETA750A directly.
--- better take the job duties from ETA750A item 13
This forum has been very helpful for clarification and important tips on GC rules. Again, I appreciate feedback from you experienced people who have gone through this process. Thanks.