Changed job before 180 days but now it is pending for 2 years

L

LaborCleared

Registered Users (C)
Hi Gurus,
I filed my 485 in June 2007, my 140 was approved in 2005 and I have changed job 3 weeks before 180 days were completed. Now, I have received RFE. Can I invoke AC21 now in Oct 2009 since my 485 is pending since last 2 years though I changed my job before 180 days were complete?

PS: I worked for my sponsoring employer for more than 3 years right from start of Labor filing, 140 filed and approved and then filed 485 and left that company 3 weeks before 180 days.

Await for your expert suggestions.
 
LaborCleared said:
Hi Gurus,
I filed my 485 in June 2007, my 140 was approved in 2005 and I have changed job 3 weeks before 180 days were completed. Now, I have received RFE.

Can I invoke AC21 now in Oct 2009 since my 485 is pending since last 2 years though I changed my job before 180 days were complete?
------------YES
PS: I worked for my sponsoring employer for more than 3 years right from start of Labor filing, 140 filed and approved and then filed 485 and left that company 3 weeks before 180 days.

Await for your expert suggestions.
Click to expand...
----------------What is asked in RFE? Post RFE details.
 
They asked me to submit the following documents
1. G-325A again
2. Clear copies of IRS from w-2 wage and and tax statements
3. Pay Vouchers
4.Complete copies of properly filed Federal Individual Income tax returns (Form 1040)
5. Any additional documentation which confirms my employment history - Should I submit all my H1 approvals to prove this along with paystubs? What else can prove my employment history other than the above?

6. Currently dated letter from my intended employer describing present job, duties, position etc... and if I have changed jobs after filing 485 submit a statement which lists the names and locations of all employers with begining and end dates of each position unless these have been included on the form G-325A.

Along with the requested documentation, should I also send a separate AC21 letter?

My attorney says I am not eligible to file AC21 because I changed job before 180 days elapsed but my understanding is that I am still eligible as long as the 485 is pending for 180 days if my approved 140 is not withdrawn before 180 days. Pleaes share your thoughts.

ginnu said:
----------------What is asked in RFE? Post RFE details.
Click to expand...
 
LaborCleared said:
They asked me to submit the following documents
1. G-325A again
-----------------Send 4 copies of G435A signed by you2. Clear copies of IRS from w-2 wage and and tax statements
--------------------Send all what they asked.
3. Pay Vouchers
-----------------send
4.Complete copies of properly filed Federal Individual Income tax returns (Form 1040)
-------------------send
5. Any additional documentation which confirms my employment history - Should I submit all my H1 approvals to prove this along with paystubs? What else can prove my employment history other than the above?
----------------send copy of H1 approvals, pay stubs. also make a sheet and write your employement histiory and on sheet write your name, DOB, I-485 filing reciept # and your A# at top.
6. Currently dated letter from my intended employer describing present job, duties, position etc... and if I have changed jobs after filing 485 submit a statement which lists the names and locations of all employers with begining and end dates of each position unless these have been included on the form G-325A.
---------------------------------- This is letter to invoke AC21.
Along with the requested documentation, should I also send a separate AC21 letter?
------------------------Send the AC21 request.
My attorney says I am not eligible to file AC21 because I changed job before 180 days elapsed but my understanding is that I am still eligible as long as the 485 is pending for 180 days if my approved 140 is not withdrawn before 180 days.
-------------------- you are eligible for AC21 if your I-140 was approved and I-485 was pending more than 180 days. GC is for future job. Employer A can file LC , I-140 for you and you can file I-485 on the base of I-140 or with I-140 even if you are working with B when GC was filed or LC . I-140 was filed by A and you were working with B.
Pleaes share your thoughts.
Click to expand...

------------------
 
Thank you.

ginnu said:
------------------
Click to expand...

Ginnu,
Thank you so much. But I did not understand what is form G435A you asked me to send in 4 copies. Was it a typo for form G 325A or is there any form G435A as you mentioned?

Thanks in advance.
 
LaborCleared said:
Ginnu,
Thank you so much. But I did not understand what is form G325A you asked me to send in 4 copies. Was it a typo for form G 325A or is there any form G325A as you mentioned?
--------------
Thanks in advance.
Click to expand...
----G325A (4 pages)
 
ginnu said:
----G325A (4 pages)
Click to expand...

Thanks for your comments Ginnu.

As soon as I got my EAD I took a part time job. Right now, I having a full time job iwth same duties as mentioned in labor and my part time is something different but I am on the payroll for my part time and I get paid every month. Do I need to mention that part time on G325A or a separate sheet?

Thanks for your wonderful help.
 
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