Do I need to apply for AC21 - Experts (Ginnu) Please help....

A

Aakash28

Registered Users (C)
Hello,

My I-485 is pending (PD Sep 2000). I have been working for Company A which was a wholly owned subsidiary of Company B. Couple of months back Company A's name was chnaged to Company C - don't know the reason. Now recently I came to know that Company C is no longer a subsidiary of Company B instead is going to become public in the next 6 months.

So my GC sponsoring Company A which was subsidiary of Company B is now a completely separate Company C which going to become public corporation in the next 6 months.

Does any of these changes have any impact on my GC Processing - do I need to do anything - If yes, then please provide me with the details about what do I need to do regarding this.

Experts (Ginnu) please suggest.

Thanks
 
Aakash28 said:
Hello,

My I-485 is pending (PD Sep 2000).
I have been working for Company A which was a wholly owned subsidiary of Company B.
Couple of months back Company A's name was chnaged to Company C - don't know the reason.
Now recently I came to know that Company C is no longer a subsidiary of Company B instead is going to become public in the next 6 months.

So my GC sponsoring Company A which was subsidiary of Company B is now a completely separate Company C which going to become public corporation in the next 6 months.

Does any of these changes have any impact on my GC Processing - do I need to do anything - If yes, then please provide me with the details about what do I need to do regarding this.

Experts (Ginnu) please suggest.

Thanks
Click to expand...

---company A filed LC and I-140 and company A becomes company C with new name and management with diffrent address. if I-140 approved and I-485 pending more than 180 days I will Invoke AC21 with company C job offfer letter. you can discuss with your lawyer.
 
ginnu said:
---company A filed LC and I-140 and company A becomes company C with new name and management with diffrent address. if I-140 approved and I-485 pending more than 180 days I will Invoke AC21 with company C job offfer letter. you can discuss with your lawyer.
Click to expand...

Thanks Ginnu - The address is still the same. My PD has been current for almost 4 months now - I am hoping to receive my GC in the next couple of months. Do I still need to invoke AC21?
 
Aakash28 said:
Thanks Ginnu - The address is still the same. My PD has been current for almost 4 months now - I am hoping to receive my GC in the next couple of months. Do I still need to invoke AC21?
Click to expand...
----------- yes file AC21 ASAP with C permanent job offer letter with same/similar skills so that no comlications in future or at the time of citizenship..
 
ginnu said:
----------- yes file AC21 ASAP with C permanent job offer letter with same/similar skills so that no comlications in future or at the time of citizenship..
Click to expand...

Thanks Ginnu, I am in the process of filing AC21 - but I am facing a date issue. My Company changed it's name from 'A' to 'C' more than 6 months back when it was still a subsidiary of Company 'B'. But it recently got separated from the Company 'B'. So In AC21 letter what date should be mentioned as Date of Hire and also should this AC21 be made back dated?

Thanks
 
Thanks Ginnu - greatly appreciate your input. I am in the process of filing AC21 - but I am facing a date issue. My Company changed it's name from 'A' to 'C' more than 6 months back when it was still a subsidiary of Company 'B'. Would this be an issue when filing for AC21??

It recently got separated from the Company 'B'. So In AC21 letter what date should be mentioned as Date of Hire and also should this AC21 be made back dated? If so what should be the date on it?

Thanks
 
Aakash28 said:
Thanks Ginnu - greatly appreciate your input. I am in the process of filing AC21 - but I am facing a date issue. My Company changed it's name from 'A' to 'C' more than 6 months back when it was still a subsidiary of Company 'B'. Would this be an issue when filing for AC21??

It recently got separated from the Company 'B'.
So In AC21 letter what date should be mentioned as Date of Hire
------------Mr X is working with us as since...(job title ) letter should have recent date to invoke AC21
and also should this AC21 be made back dated? If so what should be the date on it?

Thanks
Click to expand...
I am NOT expert with company name change matters. you can talk to your company lawyer
Use the company C letterhead with present address and recent date should be on letter. GC is for future job. Company C Intend to continue your employment on Permanent basis after I-485 approval. Search the thread many sample AC21 letter were posted.
 
ginnu said:
I am NOT expert with company name change matters. you can talk to your company lawyer
Use the company C letterhead with present address and recent date should be on letter. GC is for future job. Company C Intend to continue your employment on Permanent basis after I-485 approval. Search the thread many sample AC21 letter were posted.
Click to expand...

Hello Ginnu, Today I got a clear picture of what's happening with my Company. Actually Company A (for whihc I have been working still exists and have the same name. But now it has a different parent COmpany (Company C instead of Company B). As far as the paystubs are concerned I was getting paystubs from Company A uptil the end of 2005. Then from the beginning of 2006 uptil last month I was getting paystubs from Company B (parent Company of my Company until now). And since last month I have been getting paystubs from Company C (new parent Company). So as told by my boss - the Company A still exist and I am still it's employee - it's just the parent Company have changed. So do I need to file for AC-21???? Please suggest. Your input is Greatly appreciated.

Thanks
 
Aakash28 said:
So as told by my boss - the Company A still exist and I am still it's employee - it's just the parent Company have changed. So do I need to file for AC-21???? Please suggest.
Click to expand...

It looks pretty much like a successor of interest issue to me, and I don't see this as requiring AC21, unless USCIS raises an issue down the road, in which case one claims AC21 relief as a worst case.

Since there's no obligation to do anything, I'd just wait.
 
I agree with Ginnu and Realcanadian.

You can invoke Ac21, which will be a good argument point, if 140 has been revoked by the previous employer, and you don't need to provide all this information during your citzen ship (it will be on your records, so no/less hassles).
In the later case, you might be thinking, it may raise some questions and trigger an RFE if you send AC21. If you have certain things in mind, you can keep quite and provide, when asked for. But you need to keep all the appropriate records for future, in case required at citizenship time and if there are any other things raised during the course.

I first decided not to onvoke, but my attorney was inclined to send, so I sent it. Offcourse I am not sure whether they even looked at my AC-21 papers, coz you don't have any confirmation. I sent G-28 along with those papers, but in between they sent all the communication to my old attorney only. I sent another G-28, recently few weeks before my approval.

Plz don't confuse with G-28 and AC21 papers, I am giving that as an example... how USCIS works
 
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Thanks. So from what I understand I do not need to file for AC-21 at this time. BTW for future what documents should I ask for, from my Company - so that I can provide them to INS incase I run into issues??? In other words what documents should I keep handy incase I get an RFE or I run into problems at time of citizenship?

Thanks.
 
Aakash28 said:
Thanks. So from what I understand I do not need to file for AC-21 at this time. BTW for future what documents should I ask for, from my Company - so that I can provide them to INS incase I run into issues??? In other words what documents should I keep handy incase I get an RFE or I run into problems at time of citizenship?

Thanks.
Click to expand...
you are getting paid by Company C if you want to work with C after I-485 approval then you need to invoke AC21 . ask your employer if C is going to pay you after I-485 approval . If company A filed I-140 and your pending I-485 has job offer letter from A then you need to be paid by company A after I-485 approval because your GC will be approved for A based on job offer letter of A that was submited with I-485. Make sure to clear this with your employer so that you dont have any problems at the time of citizenship.

to invoke AC21, you need Permanent job offer letter from new company with same/similar skills ( you can note down skills from LC form ETA750A.) the job offer letter should have recent date on it+copy of I-485 filing and cover letter to request for invoking AC21

Better to have:
** if possible get copy of approved LC(with form ETA750A)
copy of I-140 approval
copy of I-485 filing reciept
 
ginnu said:
you are getting paid by Company C if you want to work with C after I-485 approval then you need to invoke AC21.
Click to expand...

Not if C is a clear successor in interest to A - AC21 is unnecessary in this case.
 
After the GC, Do I have to work for some time to company who applied the AC-21 for me. Is it same as the company who sponsered the GC,. Like we have to show the intent of working for that company (AC21)??
 
Srinixx123 said:
After the GC, Do I have to work for some time to company who applied the AC-21 for me. Is it same as the company who sponsered the GC,. Like we have to show the intent of working for that company (AC21)??
Click to expand...

if your I-140 was filed by A and then submited I-485 with job offer letter of A and I-485 gets approved you should work with A for minimum 6-8 months, many lawyers say 6 month is ok.

if your I-140 was filed by A and then submited I-485 with job offer letter of A and later requested USCIS to invoke AC21 and submited the permanent job offer letter of B before I-485 approval then you need to work with B after I-485 approval.
 
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