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Can I use AC21 section 106(C)
- Thread starter rb180
- Start date
In my case current employer only, will revoke AC21 bcos my 485 has been filed by my past employer.
So is it possible??
----------First read your post again” In my case current employer only, will revoke AC21” how the current employer REVOKE the AC21? I think you mean to INVOKE
----- You don’t have I-140 approved at this time and your I-485 is not pending more than 180 days you need approved I-140, I-485 pending more than 180 days and same /similar job. At this time you are NOT eligible for AC21. When your I-140 gets approved then others and I will guide you what new employers should do to invoke AC21. At this time you are not eligible for AC21 and your new employer cannot invoke AC21. post when you get I-140 approved.
So is it possible??
----------First read your post again” In my case current employer only, will revoke AC21” how the current employer REVOKE the AC21? I think you mean to INVOKE
----- You don’t have I-140 approved at this time and your I-485 is not pending more than 180 days you need approved I-140, I-485 pending more than 180 days and same /similar job. At this time you are NOT eligible for AC21. When your I-140 gets approved then others and I will guide you what new employers should do to invoke AC21. At this time you are not eligible for AC21 and your new employer cannot invoke AC21. post when you get I-140 approved.
Ginnu,
At this time I am not eligible for AC21 and my new employer cannot invoke AC21 is true but after my i-140 Approved and 485 pending for 180 days and I would not eligible for AC21 bcos my GC sponser is a non current employer then what I can do and also I will complete my 6 years by that time.
So now if I came to know, I would not be eligible for AC21 after 180 days of 485 and 140 get approved bcos my sponser is a non current employer then I can switch the company?
this is a really risk and problem for me. So thats why I am posting on forum, to get some workaround/suggestions from forum also I am in touch with lawyer also but in real situations many of the lawyers don't have idea or know about rules, thats why I am putting my question on Forum so that I can get idea/suggestions.
I would really appreciate, if you and other members help me out.
Hope all of my forum friend understand my problem and if they want more details, I will post details too
Thanks,
rb180
At this time I am not eligible for AC21 and my new employer cannot invoke AC21 is true but after my i-140 Approved and 485 pending for 180 days and I would not eligible for AC21 bcos my GC sponser is a non current employer then what I can do and also I will complete my 6 years by that time.
So now if I came to know, I would not be eligible for AC21 after 180 days of 485 and 140 get approved bcos my sponser is a non current employer then I can switch the company?
this is a really risk and problem for me. So thats why I am posting on forum, to get some workaround/suggestions from forum also I am in touch with lawyer also but in real situations many of the lawyers don't have idea or know about rules, thats why I am putting my question on Forum so that I can get idea/suggestions.
I would really appreciate, if you and other members help me out.
Hope all of my forum friend understand my problem and if they want more details, I will post details too
Thanks,
rb180
This is extremely confusing and very in-coherently presented. Please state your situation very clearly- repeat very clearly.
- I-140 - approved or not - if yes when
- I-485 - applied when
- Currently working for- sponsoring employer or new employer
- If changed jobs when?
First your employer is nothing to do AC-21. Your employer will not apply for AC-21. It is you who is applying AC-21.
AC-21 allows you to change the job after 180 days of I-485 provided your I140 is approved. Employer will not come into picture at all. All you have to give is the letter that you have job.
Just answer to the questions by SB_tiger. You will get proper answer.
You can inform CIS about your job change at any time. You need not inform now. You can wait until they ask you.
AC-21 allows you to change the job after 180 days of I-485 provided your I140 is approved. Employer will not come into picture at all. All you have to give is the letter that you have job.
Just answer to the questions by SB_tiger. You will get proper answer.
You can inform CIS about your job change at any time. You need not inform now. You can wait until they ask you.
Last edited by a moderator:
I-140 - approved or not - if yes when
I-485 - applied when
Currently working for- sponsoring employer or new employer
If changed jobs when?
Answer to above questions;
>>I-140 not approved yet and filed by my past employer
>>485 not applied but my past employer is going to soon file my I-485.
>> Currently working for new employer not sponsoring employer.
So after 180 days of filing 485 and provided 140 get approved, can I use AC21 with my current employer who is not a sponsoring employer?
if not, then I have to take action right-away to leave my current employer and then join previous employer OR start GC from labour with someone else.
Please help me out, So that I can take action
your help would be grreatly appreciated
Thanks,
rb180
I-485 - applied when
Currently working for- sponsoring employer or new employer
If changed jobs when?
Answer to above questions;
>>I-140 not approved yet and filed by my past employer
>>485 not applied but my past employer is going to soon file my I-485.
>> Currently working for new employer not sponsoring employer.
So after 180 days of filing 485 and provided 140 get approved, can I use AC21 with my current employer who is not a sponsoring employer?
if not, then I have to take action right-away to leave my current employer and then join previous employer OR start GC from labour with someone else.
Please help me out, So that I can take action
your help would be grreatly appreciated
Thanks,
rb180
>>I-140 not approved yet and filed by my past employer
------ I-140 is NOT approved, past employer can revoke the I-140 any time before it is approved
>>485 not applied but my past employer is going to soon file my I-485.
------ You don’t have I-485 pending or filed, past employer has nothing to do withI-485 filing you have to file I-485.
**** At this time you are NOT qualified for AC21, I have posted you this many times why you don’t understand? You need I-140 APPROVED AND I-485 PENDING more than 180 days.
>> Currently working for new employer not sponsoring employer.
So after 180 days of filing 485 and provided 140 get approved, can I use AC21 with my current employer who is not a sponsoring employer?
------ YES, after I-140 approval and I-485 pending more than 180 days and Same/similar job as on LC (you still have NOT filed I-485) when you get I-140 approved and I-485 pending more than 180 days only then you can use AC21 and can send new employer letter to invoke AC21.
if not, then I have to take action right-away to leave my current employer and then join previous employer
----- If you feel that the original employer who filed I-140 will revoke I-140 or may not reply to any RFE for I-140 then better join him and don’t take the risk, also file I-485 with I-140 filing receipt ASAP don’t forget to file EAD, AP with I-485
OR start GC from labour with someone else.
------- that is up to you if you get any employer who can file LC for you ASAP
Please help me out, So that I can take action
your help would be grreatly appreciated
If changed jobs when?
Answer for this question:
I changed my employer after my Labor got approved.
------ It has nothing to do with AC21; many never work or worked with the original sponsor who filed I-140 because GC is for future job but it is always better to be with employer before I-485 approval ( I-485 approval is taking 2-3 years at this time all the service center have back log and you have no pending I-485). If you think that the employer who filed LC, I-140 may revoke I-140 better go back to him, if you enter a deal with him or you are sure that he will NOT revoke I-140 then take the risk
------ I-140 is NOT approved, past employer can revoke the I-140 any time before it is approved
>>485 not applied but my past employer is going to soon file my I-485.
------ You don’t have I-485 pending or filed, past employer has nothing to do withI-485 filing you have to file I-485.
**** At this time you are NOT qualified for AC21, I have posted you this many times why you don’t understand? You need I-140 APPROVED AND I-485 PENDING more than 180 days.
>> Currently working for new employer not sponsoring employer.
So after 180 days of filing 485 and provided 140 get approved, can I use AC21 with my current employer who is not a sponsoring employer?
------ YES, after I-140 approval and I-485 pending more than 180 days and Same/similar job as on LC (you still have NOT filed I-485) when you get I-140 approved and I-485 pending more than 180 days only then you can use AC21 and can send new employer letter to invoke AC21.
if not, then I have to take action right-away to leave my current employer and then join previous employer
----- If you feel that the original employer who filed I-140 will revoke I-140 or may not reply to any RFE for I-140 then better join him and don’t take the risk, also file I-485 with I-140 filing receipt ASAP don’t forget to file EAD, AP with I-485
OR start GC from labour with someone else.
------- that is up to you if you get any employer who can file LC for you ASAP
Please help me out, So that I can take action
your help would be grreatly appreciated
If changed jobs when?
Answer for this question:
I changed my employer after my Labor got approved.
------ It has nothing to do with AC21; many never work or worked with the original sponsor who filed I-140 because GC is for future job but it is always better to be with employer before I-485 approval ( I-485 approval is taking 2-3 years at this time all the service center have back log and you have no pending I-485). If you think that the employer who filed LC, I-140 may revoke I-140 better go back to him, if you enter a deal with him or you are sure that he will NOT revoke I-140 then take the risk
In my case, my past employer will not revoke my 140 bcos he is getting paid from my current employer who is a prefered vendor and I transfered my visa and payroll for the project.
my past employer who is my GC sponser, saying that he will file my 485 after 140 approval only bcos in concurrent filing 140 gets scrutinized more, So he is not filing.
can I file 485 on my own? also I read in 485 form that "If your adjustment of status application is based on an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid" .
At this time, my past employer will not give me letter bcos he will file after 140 approval but 140 is taking now a days 1 year.
my idea is that file 485 on my own and after 180 days and 140 get aprroved, I will use AC21 to show INS my current employer for GC Sponser.
So is there any risk to file 485 on our own and without petitioning employer's letter? and also my past employer will come to know about my 485 file and also is there any query will come on my 485 within 6 months?
please let me know that would be greatly appreciated
Thanks,
rb180
my past employer who is my GC sponser, saying that he will file my 485 after 140 approval only bcos in concurrent filing 140 gets scrutinized more, So he is not filing.
can I file 485 on my own? also I read in 485 form that "If your adjustment of status application is based on an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid" .
At this time, my past employer will not give me letter bcos he will file after 140 approval but 140 is taking now a days 1 year.
my idea is that file 485 on my own and after 180 days and 140 get aprroved, I will use AC21 to show INS my current employer for GC Sponser.
So is there any risk to file 485 on our own and without petitioning employer's letter? and also my past employer will come to know about my 485 file and also is there any query will come on my 485 within 6 months?
please let me know that would be greatly appreciated
Thanks,
rb180
So is there any risk to file 485 on our own and without petitioning employer's letter?
--- file the I-485 without employer letter they are going to check the letter on ly when they approve the I-485( 24 to 36 months from now accoding to latesest I-485 time) and once your I-485 is pending more than 180 days send new employer letter. To file I-485 you needcopy of I-140 filing reciept that has to be attached with I-485
and also my past employer will come to know about my 485 file and also is there any query will come on my 485 within 6 months?
----- your employer will NOT know about your I-485, dont use his lawyer to file I-485 use your own lawyer I dont see any query will come on forI 485 if the form is compleate and photogrphs, Medicals, cirrect fee including Fingerpriting fee ,, valid H1 approval or valid I-94 copy, Birth certificate copy are attached, better also file for EAD, AP
please let me know that would be greatly appreciated
--- file the I-485 without employer letter they are going to check the letter on ly when they approve the I-485( 24 to 36 months from now accoding to latesest I-485 time) and once your I-485 is pending more than 180 days send new employer letter. To file I-485 you needcopy of I-140 filing reciept that has to be attached with I-485
and also my past employer will come to know about my 485 file and also is there any query will come on my 485 within 6 months?
----- your employer will NOT know about your I-485, dont use his lawyer to file I-485 use your own lawyer I dont see any query will come on forI 485 if the form is compleate and photogrphs, Medicals, cirrect fee including Fingerpriting fee ,, valid H1 approval or valid I-94 copy, Birth certificate copy are attached, better also file for EAD, AP
please let me know that would be greatly appreciated
Ginnu,
my company is telling me that in concurrent filing, I-140 get scrutinized more, is it true? can they get query on 140 and they will come to know is it possible?
I will use AC21 after 180 days and 140 aprroved only but after that is it possible that INS can deny my 485 based upon fraud, if my company inform INS by telling that this guy done fraud kind of thing??
I am living in philladelphia, So can I file my 485 from vermont center, bcos my 140 filed from california. So is it ok to file 485 from different center??
Please let me know, I reached to this stage only due to forum, Now I have confidence, So please suggest me
Thanks,
rb180
my company is telling me that in concurrent filing, I-140 get scrutinized more, is it true? can they get query on 140 and they will come to know is it possible?
I will use AC21 after 180 days and 140 aprroved only but after that is it possible that INS can deny my 485 based upon fraud, if my company inform INS by telling that this guy done fraud kind of thing??
I am living in philladelphia, So can I file my 485 from vermont center, bcos my 140 filed from california. So is it ok to file 485 from different center??
Please let me know, I reached to this stage only due to forum, Now I have confidence, So please suggest me
Thanks,
rb180
my company is telling me that in concurrent filing, I-140 get scrutinized more, is it true?
----- It is not true
can they get query on 140 and they will come to know is it possible?
---- If they get RFE for I-140 then lawyer who filed I-140 the RFE or query goes to him and then lawyer informs the employee and lawyer replies the RFE, if employer does not reply to RFE on time then I-140 will be abandoned or employer can withdraw the I-140
I will use AC21 after 180 days and 140 approved only but after that is it possible that INS can deny my 485 based upon fraud, if my company inform INS by telling that this guy done fraud kind of thing??
----- USCIS can deny I-485, if you committed crimes or fraud, if you have not committed any fraud then why the company will inform? For fraud one has to provide the evidence of fraud, what kind of evidence your employer has against you? Filing I-485 without employer letter is NOT immigration fraud
I am living in Philadelphia, So can I file my 485 from Vermont center, bcos my 140 filed from California. So is it ok to file 485 from different center??
---- if I-140 is filed with CSC and still pending you have to file I-485 with CSC, if you want to file I-485 AFTER I-140 gets approved then you can file with VSC and you will need copy of approved
I-140
----- It is not true
can they get query on 140 and they will come to know is it possible?
---- If they get RFE for I-140 then lawyer who filed I-140 the RFE or query goes to him and then lawyer informs the employee and lawyer replies the RFE, if employer does not reply to RFE on time then I-140 will be abandoned or employer can withdraw the I-140
I will use AC21 after 180 days and 140 approved only but after that is it possible that INS can deny my 485 based upon fraud, if my company inform INS by telling that this guy done fraud kind of thing??
----- USCIS can deny I-485, if you committed crimes or fraud, if you have not committed any fraud then why the company will inform? For fraud one has to provide the evidence of fraud, what kind of evidence your employer has against you? Filing I-485 without employer letter is NOT immigration fraud
I am living in Philadelphia, So can I file my 485 from Vermont center, bcos my 140 filed from California. So is it ok to file 485 from different center??
---- if I-140 is filed with CSC and still pending you have to file I-485 with CSC, if you want to file I-485 AFTER I-140 gets approved then you can file with VSC and you will need copy of approved
I-140
TheRealCanadian
Volunteer Moderator
Originally posted by rb180
Can I file my 485 myself, without any lawyer and also do I need to fill G-28 form. Please let me know.
Yes, you can file the I-485 yourself. If you do not use a lawyer, you do not need a G-28. The previous poster was right - your situation is not straight-forward and you appear to be ignoring the tricky issues. That can lead to trouble later.