Change of address - AC 21 questions

sizzu

Registered Users (C)
Hi Gurus,

I've changed job and address. I'm planning to use AC 21 as i've met all the criteria(140 approved, 485 pending for more than 180 days).

I've to submit AR 11 for change of address. I do not want to submit AC21 as of now as i just changed to new company. But in AR 11 form, i've to write my company's name. Does it create any confusion if i mention my new company name here as i swithced from old company and have not submitted AC21 yet?
Please help.

Thanks in advance
 

hmd

Registered Users (C)
sizzu said:
Hi Gurus,

I've changed job and address. I'm planning to use AC 21 as i've met all the criteria(140 approved, 485 pending for more than 180 days).

I've to submit AR 11 for change of address. I do not want to submit AC21 as of now as i just changed to new company. But in AR 11 form, i've to write my company's name. Does it create any confusion if i mention my new company name here as i swithced from old company and have not submitted AC21 yet?
Please help.
Thanks in advance

Nope it should not matter. make sure yo have the copies of the AR11 forms and send them via certified mail..btw when are you planning to inform CIS about your job change ?? what are you waiting for ? just curious..
 

tammy2

Registered Users (C)
sizzu said:
Hi Gurus,

I've changed job and address. I'm planning to use AC 21 as i've met all the criteria(140 approved, 485 pending for more than 180 days).

I've to submit AR 11 for change of address. I do not want to submit AC21 as of now as i just changed to new company. But in AR 11 form, i've to write my company's name. Does it create any confusion if i mention my new company name here as i swithced from old company and have not submitted AC21 yet?
Please help.

Thanks in advance

AR-11 form does not change address on pending applications. There is no link between your pending applications and AR-11. So there should not be any confusion.

Call USCIS national customer service number and change your address on all pending applications. Spouse has to call separately. Otherwise you may miss correspondence from USCIS.
 

In_durham

Registered Users (C)
I was planning to file AC21 on changing job with cooperation from both old and new companies. My new company lawyer told me that there is no requirement to file AC21. AC21 allows you to change jobs and USCIS will do interviews for change of job cases (triggered by AR-11) and one can provide EVL etc then. There is no law or guidance from USCIS to "file" AC21.
My 2c worth:)
 

tammy2

Registered Users (C)
In_durham said:
I was planning to file AC21 on changing job with cooperation from both old and new companies. My new company lawyer told me that there is no requirement to file AC21. AC21 allows you to change jobs and USCIS will do interviews for change of job cases (triggered by AR-11) and one can provide EVL etc then. There is no law or guidance from USCIS to "file" AC21.
My 2c worth:)

As for as my understanding is concerned filing AR-11 never triggers your transfer.
In fact there is big backlog for AR-11 Data entry. We have seen so many people on this forum have got the approval without transfer or RFE even after sending AC-21 papers leave alone AR-11.
Why I am writing this is because lots of people spend thousands of dollars just to keep address for not filing AR-11. Moreover if you are staying in one of fast processing cities (Like Dallas) transfer might be good also.


http://www.murthy.com/print/n_perint_P.html
http://www.immigration.com/newsletter1/intvcrii485.pdf

Just my two cents
 
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ginnu

Registered Users (C)
tammy2 has give you correct info.

here is what you should do if you change address:

1 .file form AR11 for address change
2. update NCSC on 18003755283, your new address, provide them your ,WAC,EAC

or LIN # of I-485 and reciept # of any pending petitions with service

center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing

reciept)
3 .write letter to service center for address change on your I-485( if you

have spouse I-485 pending He/she also need to change address on her/his

I-485) or any pending petition with them provide your past and NEW address,

attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover

letter so that you get fingerprinting notice at your new address. Send the

letter to your service center with certified return receipt and out side the

envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending

Form I-485 ( or any other application)
4. if the past company lawyer filed I-485 then better change your lawyer and

fill up new G28 with your new lawyer and he can update USCIS that he

represent you and can mail G28 to sevice center, he can also make a request

to chage your New address on Pending I-485 and he will get if any RFE, if

you dont change any RFE will go to past lawyer
5 if you dont want to hire new lawyer and dont want the past lawyer to represent you then revoke the G28 of past lawyer so that every letter should come to you on new address ( you can make that request on address change letter to service center)
*** do the all 1,2,3,4,5
 

GCDream05

Registered Users (C)
Thanks Ginnu for this detailed information, it helps people like us. Also, thanks Sizzu for starting this.... I am in exactly same position as Sizzu.. except that... i did complete points 1 & 2 mentioned by Ginnu...
1). I files AR-11
2) Called up INS to update addr on pending I-485. Wife still has to call up INS. And today my on-line case status shows "we responded to your request for more information concerning your case. If you have not received ....". I hope this is a result of this phone call.. and nothing else. PLs someone confirm.
3.) Ginnu do we need to also write an letter to INS regarding the address change.. isn't step 2. (phone call) sufficient... Please advice and i will write the letter.. also do we need to send separate letters for myself and wife for addr change or everything in one bundle is ok...
Step 4 & 5 is where i am confused right now...
My case was filed by old company lawyer... so need to do G28 with new lawyer... BUT, the lawyer whom i contacted said no need to file for AC21.... he will just file G28 and will file AC21 only when there is an RFE... I am not sure if this is the correct path to take... as per some of forum comments it seems we should file AC21.. proactively... I want to file it but lawyer does not think we should... Lawyer was suggested by many people to me again on the forum... so please advice.... gurus...

Thanks
 

ginnu

Registered Users (C)
GCDream05 said:
Thanks Ginnu for this detailed information, it helps people like us. Also, thanks Sizzu for starting this.... I am in exactly same position as Sizzu.. except that... i did complete points 1 & 2 mentioned by Ginnu...
1). I files AR-11
2) Called up INS to update addr on pending I-485. Wife still has to call up INS. And today my on-line case status shows "we responded to your request for more information concerning your case. If you have not received ....". I hope this is a result of this phone call.. and nothing else. PLs someone confirm.
3.) Ginnu do we need to also write an letter to INS regarding the address change.. isn't step 2. (phone call) sufficient...
---- I will write to service center becase with NCSC 1800.. the service center dont change address on pending I-485 and keep on sending the info to last address on i-485 file
Please advice and i will write the letter.. also do we need to send separate letters for myself and wife for addr change or everything in one bundle is ok...
------ send your signed letter and your wife letter signed by her and out side the address write in big bold letters ATTN: Address Change on pending I-485

Step 4 & 5 is where i am confused right now...
My case was filed by old company lawyer... so need to do G28 with new lawyer... BUT, the lawyer whom i contacted said no need to file for AC21.... he will just file G28 and will file AC21 only when there is an RFE...
------- I will file new G28 through new employer to represent me and new g28 singned by my spouse to represent her pending I-485. Why not to send AC21 now??? why to wait for RFE? any logic??
I am not sure if this is the correct path to take... as per some of forum comments it seems we should file AC21.. proactively... I want to file it but lawyer does not think we should...
---- tell the lawyer you want to send AC21 letter becase if your I-485 gets approved with out AC21 letter then it will be approved for your past employer who filed I-140
Lawyer was suggested by many people to me again on the forum... so please advice.... gurus...
----- who is that lawyer?? where he/she is in US???
Thanks
 

GCDream05

Registered Users (C)
Thanks Ginnu for the response and helpful information.
Lawyer i am talking to is Bill Schiller in Chicago.... suggested on a different thread by forum colleagues. If you know of any other lawyer please let me know.....
I am planning to meet for consultation next week.. but he did mention that "no need to file for AC21 unless there is an RFE...".. he said when i will meet him he will show different types of RFE's people get...etc... so as per my last discussion with him... he will just file G28 to represent us...
I will try to pursue him to file AC21... but my only negative point is i do not have all documents... I do not have ETA750-A submitted to Labor with me... (i believe this is the main document new attorney might want to see for "same and similar" job desc )....... however i do have ETA750-B, copies of I-140 approval, I-485 application, I-485 receipt, EAD application and approval. As i asked around with some of my friends in my old company.. it seems the company lawyer will not give me documents but will ask for proof of new attorney, new job and a letter from new attorney requesting my documents... hence i have not yet contacted my old company lawyer directly for my documents as i fear they might inform INS about my job change/ revoke I-140. (they probably will not come to know that i have left company as they are normally very slow in all process)..


Thanks for your valuable suggestions and time..
 

ginnu

Registered Users (C)
GCDream05 said:
Thanks Ginnu for the response and helpful information.
Lawyer i am talking to is Bill Schiller in Chicago.... suggested on a different thread by forum colleagues. If you know of any other lawyer please let me know.....
I am planning to meet for consultation next week.. but he did mention that "no need to file for AC21 unless there is an RFE...".. he said when i will meet him he will show different types of RFE's people get...etc...
---- why you want to see the exibition of RFE? why he want to show you RFE exibition? you are not intrested in seeing RFE for others. every case is diffrent
good lawyer always insist to file AC21, why the lawyer insists to file AC21 only after RFE? why you need to wait for RFE and delay the case? USCIS will send RFE it may take 15-20 days then to reply the RFE lawyer will take time,then mail room person opening the mail and then somebody attaching the RFE responce with file and then you dont know when the officer will again touch the file and then sending letters to USCIS for update on case or contacting congressman I am wondering if you lawyer has other concerns on her mind. may be he wants to charge you now just for G28 then again will charge you for RFE or AC21.
One CAN directly file AC21 search the threads and many have done it

so as per my last discussion with him... he will just file G28 to represent us...

I will try to pursue him to file AC21... but my only negative point is i do not have all documents... I do not have ETA750-A submitted to Labor with me... (i believe this is the main document new attorney might want to see for "same and similar" job desc )
---- ETA 750 A is not must if you remember your job duties
....... however i do have ETA750-B, copies of I-140 approval, I-485 application, I-485 receipt, EAD application and approval. As i asked around with some of my friends in my old company.. it seems the company lawyer will not give me documents but will ask for proof of new attorney, new job and a letter from new attorney requesting my documents... hence i have not yet contacted my old company lawyer directly for my documents as i fear they might inform INS about my job change/ revoke I-140. (they probably will not come to know that i have left company as they are normally very slow in all process)..


Thanks for your valuable suggestions and time..
 

sizzu

Registered Users (C)
wow. Lot of valuable information. Thanks to Ginnu and others.

I'm trying to fill up AR-11 form. I've couple of questions.

The form has some questions, i'm not sure about the answers..

1. I'm in the united states as.........
a. visitor
b. student
c.permanent resident
d. other (specify)
what cateogry do I fall in? my 485 is in pending state? am I non resident alien???

2. If not permanent resident, my stay in US expires on ...???(date)

what date do i've to mention? the expiration date on my EAD or some other date?

Please help
 

GCDream05

Registered Users (C)
Hi Sizzu,
Don't know if this is correct... (i am just like u, not an attorney)
but this is what i filled on my AR-11 recently...
1. d. other.. non-immigrant worker
2. pending I-485 approval

Also, the duration that you will stay at ne addr... i filled up 1yr time period.
Hope this helps.
 
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