Can we use AC21 for Substitute labor ?

S

star12

Registered Users (C)
UN or other gurus, Please help me how to use this AC 21 ...

Case Details:
Labor Type: Substitution
I -140 & I -485 Filed Separately..
I -140 was approved long back...
I -485 has been filed more than 180 days..

I have following questions:
1) What happens, if employer revokes I - 140?
2) What happens, If I continue to use EAD for new job? even after revoking I -140 ? Is this legal? Revoking I -140 has any negative affects on 485 or on EAD??
3) Till now I worked for GC sponsorer, Now Can I work as a future employee ?? Is this possible at this stage ?
4) Can we file Advance Parole & EAD renewals with new company?
5) What type of documentation we need from new employer?? Please let me know more about this , so that I can ask in advance...
6) Any idea about Retrogression?? How long it may continue?? Is it better to wait until OCT 1st for new visa numbers ?? My Priority date is Dec 2003..
7) Please also let me know, what type of other consequences me may face at later stages with this type of Substitution cases ??

Any advice will be greatly appreciated !!
 
star12 said:
UN or other gurus, Please help me how to use this AC 21 ...

Case Details:
Labor Type: Substitution
I -140 & I -485 Filed Separately..
I -140 was approved long back...
I -485 has been filed more than 180 days..

I have following questions:
1) What happens, if employer revokes I - 140?
--- You will get NOID on 485
2) What happens, If I continue to use EAD for new job? even after revoking I -140 ? Is this legal? Revoking I -140 has any negative affects on 485 or on EAD??
--- You have 30 days to reply for the NOID and should send all the AC21 documentation.
3) Till now I worked for GC sponsorer, Now Can I work as a future employee ?? Is this possible at this stage ?
--- AC21 allows you to switch employers and so you technically never need to work for GC sponsor anymore.
4) Can we file Advance Parole & EAD renewals with new company?
--- If the petition is denied, then you will have issues with renewals. Till then, it is fine to file AP and do EAD renewals
5) What type of documentation we need from new employer?? Please let me know more about this , so that I can ask in advance...
--- There are several threads that talk about AC21 documentation. Send a letter to USCIS with new offer letter of same/similar job description signed by your new company on their letter head with 485 receipt copy.
6) Any idea about Retrogression?? How long it may continue?? Is it better to wait until OCT 1st for new visa numbers ?? My Priority date is Dec 2003..
--- Nothing can be told till mid september when the visa bulletin for Oct 2005 is due.
7) Please also let me know, what type of other consequences me may face at later stages with this type of Substitution cases ??
--- Substitution does not hamper your ability to use AC21 or get 485 approvals. It is technically exactly the same as though you were the original candidate for hire.

Any advice will be greatly appreciated !!
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What if former employer revoke I-140 and substitute labour to another guy? Since you left the compmay and haven't got I-485 approval yet, they can reuse the labor, can't they?
 
They can reuse labor and file new I-140 and I-485 if its not retrogressed. Then later on if the first person gets 485 approval, the second person's 485 will be denied and vice versa.

GCIsTortoise said:
What if former employer revoke I-140 and substitute labour to another guy? Since you left the compmay and haven't got I-485 approval yet, they can reuse the labor, can't they?
Click to expand...
 
I did not understand the order of processing 485 part. If that is true how is switching jobs using AC21 safe? According to AC21 if one's 140 is approved and 485 is pending for more than 180 days, one can change jobs and it is fine even if the employer revokes 140. If the employer can use the revoked 140 and use it for another person and that person's 485 gets approved first which according to you would cause denial of the first person's 485, then it is not safe to change jobs. Am I missing something here?

sjetly said:
They can reuse labor and file new I-140 and I-485 if its not retrogressed. Then later on if the first person gets 485 approval, the second person's 485 will be denied and vice versa.
Click to expand...
 
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