Changing employer after 485 pending for more than 180 days

I

ip1f

Registered Users (C)
Hello,
I have pending I-485 application (EB3) for last 11 months. My I-140 had been approved.
If I want to change employer now, I need to :
1. File completed AC21 application to USCIS. Is this necessary ? I read some lawyers advise against it.
2. Submit change Lawyer notification (G-28 form) to USCIS.
3. Collected an Employment Verification Letter from my new company on company letter-head stating my joining date, my job title, job description and wages
4. Keep all documents such as recent pay-stubs, copy of I-140 approval, I-485 receipt copy, EAD copy ready, in case I get any NOID or RFEs.

Please tell if there are any other steps that I need to take ?
Can I my old employer REVOKE approved I-140 ? If so, how do I ensure that he cannot do it ?
Is 180+ days pending 485 affected by revoking I-140 ?

Thank You.
 
Last edited by a moderator:
ip1f said:
Hello,
I have pending I-485 application (EB3) for last 11 months. My I-140 had been approved.
If I want to change employer now, I need to :
1. File completed AC21 application to USCIS. Is this necessary ? I read some lawyers advise against it.
2. Submit change Lawyer notification (G-28 form) to USCIS.
3. Collected an Employment Verification Letter from my new company on company letter-head stating my joining date, my job title, job description and wages
4. Keep all documents such as recent pay-stubs, copy of I-140 approval, I-485 receipt copy, EAD copy ready in a folder to be sent in case I get any NOID or RFEs.

Please tell if there are any other steps that I need to take ?
Can I my old employer REVOKE approved I-140 ? If so, how do I ensure that he cannot do it ?

Thank You.
Click to expand...


1) Filing AC21 is a good idea, just in case your current employer revokes I-140 after you leave the job.
2) G-28 is good too, if you changing your lawyers.
3) Good idea.
4) Good idea.

Even your employer revokes your I-40, you will be covered by your AC21. In case you get a NOID from USCIS because of a revoked I-140, write to them citing your AC21. Nothing to worry.

Good luck.
 
ip1f said:
Hello,
I have pending I-485 application (EB3) for last 11 months. My I-140 had been approved.
If I want to change employer now, I need to :
1. File completed AC21 application to USCIS. Is this necessary ? I read some lawyers advise against it.

------------------------nothing wrong if you send AC21 documents
2. Submit change Lawyer notification (G-28 form) to USCIS.
-----------------------you can revoke the 28 filed by past lawyer by writing letter to USCIS and send copy of your I-485 filing reciept notice or any other pending applications reciept( if you have spouse do the same)
3. Collected an Employment Verification Letter from my new company on company letter-head stating my joining date, my job title, job description and wages
---------------------------good
4. Keep all documents such as recent pay-stubs, copy of I-140 approval, I-485 receipt copy, EAD copy ready, in case I get any NOID or RFEs.
---------------------------
Please tell if there are any other steps that I need to take ?

Can I my old employer REVOKE approved I-140 ?
------------------------YES, but you will be covred by AC21

If so, how do I ensure that he cannot do it ?

---------------------Employer can revoke I-140 any time, you cant stop him if he wants to revoke. if he revokes you are covered by AC21 and USCIS will ask for your new job offer letter when they look at your I-485 file
Is 180+ days pending 485 affected by revoking I-140 ?
--------------- if I-485 pending more than 180 days and I-140 is approved and you get same/similar permanent job offer then you are safe to invoke AC21
Thank You.
Click to expand...

*** FYI if the USCIS ask for new job offer letter then that letter should not have very old date on job offer letter. you can get new letter of job offer OR you can invoke AC21 now by sending the document to USCIS.(Keep the copy of each document you send to USCIS and out side the envelope write in big bold letters: Request to invoke AC21 with Pending I-485

if you want to revoke the G28 filed by lawyer XYZ then write a request letter that XYZ nomore represent you and you revoke the 28 filed by lawyer XYZ and out side the envelope write in big bold letters: request to Revoke form 28 filed with pending I-485
 
Last edited by a moderator:
ginnu said:
*** FYI if the USCIS ask for new job offer letter then that letter should not have very old date on job offer letter. you can get new letter of job offer OR you can invoke AC21 now by sending the document to USCIS.(Keep the copy of each document you send to USCIS and out side the envelope write in big bold letters: Request to invoke AC21 with Pending I-485

if you want to revoke the G28 filed by lawyer XYZ then write a request letter that XYZ nomore represent you and you revoke the 28 filed by lawyer XYZ and out side the envelope write in big bold letters: request to Revoke form 28 filed with pending I-485
Click to expand...

Is there any specific address where we can send the act21 letter. Apart from this is there any format for act21 letter. if any body has pls share.
 
immi_mygc said:
Is there any specific address where we can send the act21 letter.
---------to the same address where your I-485 is pending
Apart from this is there any format for act21 letter.
---------------- you need to write cover letter with your name, A#, I-485 reciept# to request for AC21+ attach Copy of I-485 filing reciept+ New employer same/similar job offer letter. Keep the copy of each document that you send. Sign the cover letter with your address , date
if any body has pls share.
Click to expand...

you can search for "AC21 sample letter" it has been posted many times may be in AC21 thread
 
Thank You.
When invoking AC21, does the new company size/revenue/age matter ?
e.g. old company (with approved I-140) has annual revenue of 25 Million USD & in business for 12 years while new company has annual revenue of $700,000 & in business for 2 years.
 
Last edited by a moderator:
ip1f said:
Thank You.
When invoking AC21, does the new company size/revenue/age matter ?

---------------- company size/age does not matter. they should be able to pay you.


e.g. old company (with approved I-140) has annual revenue of 25 Million USD & in business for 12 years while new company has annual revenue of $700,000 & in business for 2 years.
Click to expand...
-
 
Hi,
My PERM (labor) got approved in dec 2015. My employer is planning to apply for my I140 soon.
The issue is one of the employee from my company got deported at port of entry recently. Will this have an impact on my I140 processing? Please provide your inputs . Thanks in advance.
 
You must log in or register to reply here.
Top