Ginnu and other gurus, Need your advice Please!!!
I have changed my employer 2 months ago (July 08), My 140 is approved May 2007 and 485 applied July 2007 and already renewed EAD once. I am planning to File AC21 now and AR 11 (Moved to another city in the same State). Below is the the AC21 format, Can you please go thru it and suggest me if any changes required.
I have filed 485 thru an Attorney and signed G-28. The lawyer is an independent lawyer and my previous company (Who filed my GC) is one of his clients. I did not inform yet to my previous employer or my lawyer about my employment change. Please suggest me what should I do? and what should I be talking to my lawyer?
AC21 Format!!!
Date: 09/17/2008
Name : XXXX XXXX
I-485 Receipt # : EAC-xx-xxx-xxxxx
Alien # : xxx-xxx-xxx
Address : My address
Contact : (xxx) xxx-xxxx ( Res )
Bureau of Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
Subject : Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
Dear Sir :
This letter is to confirm that I, xxxx xxxx, am currently employed by (My current company) as a Software Engineer . I am currently a consultant and intend to remain with (My current company) indefinitely.
This is to inform that I have a pending I-485 at your center, and I have changed job as provided under the AC-21 law. My application I-140 bearing Receipt # EACxxxxxxxxxx was sponsored by (My Previous Company), and was approved (Date) respectively. I had filed for Adjustment of Status (I-485), which has a Notice Date of (Date).
On (Date of Moving to my current company), well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with a company (Current Company). The position is a fulltime employment, has similar job duties, and offers a pay rate of $$$$$.$$ PA. A letter from my current employer outlining the job duties is included with this letter.
According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.
Sincerely
PRMAN
Enclosures :
1. Employment Offer/Support letter from My current company
2. Copy of I140 Approval
3. Copy of I485 receipt
4. Copy of the employment authorization
I have changed my employer 2 months ago (July 08), My 140 is approved May 2007 and 485 applied July 2007 and already renewed EAD once. I am planning to File AC21 now and AR 11 (Moved to another city in the same State). Below is the the AC21 format, Can you please go thru it and suggest me if any changes required.
I have filed 485 thru an Attorney and signed G-28. The lawyer is an independent lawyer and my previous company (Who filed my GC) is one of his clients. I did not inform yet to my previous employer or my lawyer about my employment change. Please suggest me what should I do? and what should I be talking to my lawyer?
AC21 Format!!!
Date: 09/17/2008
Name : XXXX XXXX
I-485 Receipt # : EAC-xx-xxx-xxxxx
Alien # : xxx-xxx-xxx
Address : My address
Contact : (xxx) xxx-xxxx ( Res )
Bureau of Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001
Subject : Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
Dear Sir :
This letter is to confirm that I, xxxx xxxx, am currently employed by (My current company) as a Software Engineer . I am currently a consultant and intend to remain with (My current company) indefinitely.
This is to inform that I have a pending I-485 at your center, and I have changed job as provided under the AC-21 law. My application I-140 bearing Receipt # EACxxxxxxxxxx was sponsored by (My Previous Company), and was approved (Date) respectively. I had filed for Adjustment of Status (I-485), which has a Notice Date of (Date).
On (Date of Moving to my current company), well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with a company (Current Company). The position is a fulltime employment, has similar job duties, and offers a pay rate of $$$$$.$$ PA. A letter from my current employer outlining the job duties is included with this letter.
According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.
Sincerely
PRMAN
Enclosures :
1. Employment Offer/Support letter from My current company
2. Copy of I140 Approval
3. Copy of I485 receipt
4. Copy of the employment authorization