Change of Job and AC21...Guys pls. help...URGENT....

A

abc94536

Registered Users (C)
Friends,

I had to start with my new company on EAD without been able to apply for AC-21. My employer is Desi and he doesn't pay on bench & probably doesn't know about me changing the job.

Please help me if I need to :-

(1) Legally inform my lawyer (who is very inclined towards my employer & I cannot be sure if will not inform my employer).

(2) File AC21 immediately or can wait and file only if I get a RFE /NOID.

(3) I have seen people who did not file AC21 and got approval- pls. suggest me - the best practical approach!

Thanks,

--------------------------------------------------------------------
!!! RETROGRESSION SUCKS !!!
EB3 /Ind /PD Feb-2003
140 /EAD /AP approved
 
Last edited by a moderator:
Hi, I changed job last year in Sept after EAD approved. I nevered filed AC21 since both my previous company atterney and current company aternorny told me that AC 21 is a requirement. I file changing of atterney in December since my current company atterney apply for EAD and AP renewal for me. I got RFE in Jan for EVL tax reture and W2s, replied in Feb and my 485 got apporved less than a month on 3/2 after RFE received. Never filed AC21 ever. This is my experience Hope this helps...good luck!
 
abc94536,

There is a divided view if USCIS has to be informed about using AC21. Though not a requirement by law, it's usually suggested to let USCIS know.
What if your employer withdraws I-140 then question will be raised.

If you feel that your employer will tend to withdraw the I-140 then always better to inform USCIS. Just be one step ahead of the employer. The employer could come to know from some other sources as well, not necessarily your attorney.

Having said that, I myself did not inform USCIS and my attorney despite using AC21 twice (once after the case got transferred to local office for interview). This was solely because I knew my sponsoring will not withdraw the I-140.

If you do decide to inform USCIS there are lots of AC21 letter format floating around this forum that will help you out.

Hopefully you can make a wise decision after collecting all the facts/information.

sgi
 
How does USCIS take the AC21 - if I only apply when they ask or my old employer withdraws the I-140? What are the chances that they may not take it well as I am applying only on their NOID or RFE???

Also, I have heard that if I apply for AC-21 it may delay my case - pls. let me know if its true?

Thanks !!!
 
abc94536 said:
Also, I have heard that if I apply for AC-21 it may delay my case - pls. let me know if its true?
Click to expand...
delay :mad: they can delay w/o AC21 as well..

if you suspect 140 withdrawal then file AC21 ASAP..
You can file on
- 1st day at new job
- After 3 pay stubs
- When you receive NOID
- When you receive EVL RFE
- When case is denied and you are saving yourself by adding those papers with MTR
- Never file and get approved
 
So its just a Rumor that AC21 may delay the process ????

Besides, how many times we can apply AC21 with how many companies - is there a limit?

Thanks again !!!
 
Not true. No one knows why delay happens. It is way of life at USCIS.
You can file many AC21s and thats the reason folks wait for an RFE to file AC21
 
1. If your employer tells you that he has revoked the underlying I140.
2. If your I485/EAD/AP gets denied as there is no I140

wasapproved said:
How can we know employer revoked I-140? is there amyway to know that?
Thanks.
Srinivas
Click to expand...
 
abc94536 said:
So its just a Rumor that AC21 may delay the process ????

Besides, how many times we can apply AC21 with how many companies - is there a limit?

Thanks again !!!
Click to expand...

Process at USCIS could get delayed for any reason, and the best part they do not have to give explanation to anybody. Time is frozen there. Take a trip to one of their district offices and many will lack clocks in their waiting rooms :rolleyes: . Maybe that's one of their dress-code ...no watches :p

My understanding is the AC21 regulation is silent about the number of times one can use AC21. Use it with care.
 
Friends! esp. those who are in Software industry....need help..

I had to join this new permanent position as my previous project got over and was not getting new assignement. Fortunately /unfortunately, this new assignment is in higher role than I previously was. I applied my 485 on EB3 under Software Engg. category and now my this new job is as - Project Manager - Software Solutions. JUST GIVE YOU AN EG: My earlier job profile was like - design, develop, implement software solns....and this new job entails - managing design , development and implementation of software solutions and the usual PM stuff.

My attorney says that my job profile doesn't match with my labor /140 /485 - pls. help me how can I file my AC21?

Thanks !!!
----------------------------------------------------------------------
EB3 - PD - 02/2003
140/ EAD /AP - approved - RD - 02/2004
 
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