Do I need to submit AC21 in advance.. Experts Please help

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Aakash28

Registered Users (C)
Hi, My I-140 was recently approved and it has been 180 days since my I-485 was filed. Now , I am going to switch jobs in the next week.

1) Do I need to file for AC21 right away or should I wait for an RFE and only than submit AC21?
2) If I should submit AC21 immediately (as soon as I join another Company) than do I need to provide for the current paystubs from the old Company or the new Company? If it's for new Company than I cannot provide them atleast for a month after joining the new Company. In that case should I submit AC21 after one month of joining the new Company?
3) But if I submit AC21 after getting RFE than I will have to show current paystubs which will be from the new Company? Would it be alright with INS? Or are they going to issue another RFE asking why were'nt they notified when the job was changed? What if they never issue an RFE - then do I need to submit AC21 at all?
4) Another related issue is I will be moving to a different State (from Mass to New York) to join this new Company - Do I need to submit "Change Of Address (AR11)" immediately along with AC21 or again can I submit it with AC21 after getting an RFE? What should I do if I do not get an RFE at all? Then should I inform INS about the address change?
5) Would it be alright to wait for RFE before submitting both AC21 and AR11 - or should I submit them beforehand as soon as possible? I am being very reluctant in submitting AC21 and AR-11 as I think it might considerably delay my process as INS might transfer my files form "Boston District Office" to "Buffalo District Office" - which might screw up my case which already is very complicated being "labor substitution" . And then what if I do not receive an RFE and get a Green Card - do I need to inform INS that I have changed my job and address?

Experts Please Help...Will greatly appreciate any help on the above issues..

Thanks
 
Aakash28 said:
Hi, My I-140 was recently approved and it has been 180 days since my I-485 was filed. Now , I am going to switch jobs in the next week.

1) Do I need to file for AC21 right away or should I wait for an RFE and only than submit AC21?
------------------ when join new employer is is better to update the USCIS why wait for RFE or NOID? what harm if you send now?
2) If I should submit AC21 immediately (as soon as I join another Company) than do I need to provide for the current paystubs from the old Company or the new Company?

If it's for new Company than I cannot provide them atleast for a month after joining the new Company. In that case should I submit AC21 after one month of joining the new Company?
------------ better submit after one month (FYI pay stubs from new company NOT needed to invoke AC21 but if you submit then it shows ability to pay)
3) But if I submit AC21 after getting RFE than I will have to show current paystubs which will be from the new Company? Would it be alright with INS?
----- that is OK
Or are they going to issue another RFE asking why were'nt they notified when the job was changed? What if they never issue an RFE - then do I need to submit AC21 at all?
---------------- if dont submit AC21 and I-485 gets approved then it will be based on past employer job offer letter and you need to work with him, if dont work problems at the time of Citizenship or past employer can write to USCIS. better invoke AC21 BEFORE I-485 gets approved if you want to work with new employer
4) Another related issue is I will be moving to a different State (from Mass to New York) to join this new Company - Do I need to submit "Change Of Address (AR11)"
---------------- YES, file AR11 (AR11 will not change your address on pending petitions with USCIS) if you want your address changed on I-485 then talk to 1800 NCSC# and provide your I-495# A#, DOB, past address+new address AND write letter to USCIS center where I-485 pending to change the address on pending I-485 on cover letter write your I-485#, Name, A# DOB, provide your past address and new addressand attach copy of I-485 filing reciept send it by certified mail and out side the envelpoe write ATTN: address change on pending I-485
immediately along with AC21
-------------- AC21 is submited where your I-485 is pending.
or again can I submit it with AC21 after getting an RFE?
What should I do if I do not get an RFE at all? Then should I inform INS about the address change?
5) Would it be alright to wait for RFE before submitting both AC21 and AR11 - or should I submit them beforehand as soon as possible? I am being very reluctant in submitting AC21 and AR-11 as I think it might considerably delay my process as INS might transfer my files form "Boston District Office" to "Buffalo District Office" - which might screw up my case which already is very complicated being "labor substitution" .
---By law you need to file AR11 if you move. filing AC21 does not triger trasfer of file. USCIS has diffrent Criteria to trasfer file
And then what if I do not receive an RFE and get a Green Card - do I need to inform INS that I have changed my job and address?
----------- if you dont use AC21 then work for the employer who filed I-140 and provided job offer letter with I-485 filing. dont you think USCIS will see it as fraud to get GC and then not to work with employer who fgave you permanent job offer?? you intended to work with him when filed I-485. if you file AC21 then no problem
Experts Please Help...Will greatly appreciate any help on the above issues..
-------------- for more info talk to your lawyer
Thanks
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