Do I require AC21

hello_am

Registered Users (C)
Hi gurus,

I see people talk about filing the AC21. How do I file it. I have I-140 approved and my I-485 has been pending for more than 180 days now.

Also can my current company (owner of the I-140) use it for someone else if I choose to leave.


thanx
hello
 
I-140 is specific to an individual. You cannot use it for anybody else. Howver- the 140 is based on LC- that can be used for someone else. So if the company withdraws the 140 the lC can be used for someone else.
But if 140 approved and 485 pending > 180 days company can not withdraw 140. If the company tries you get RFE that you can respond with AC21-> new job etc.
HTH
 
Do you need to inform CIS about change of job if using AC21?

Do you need to inform CIS about change of job if using AC21?

If so, what forms are needed? Has anyone been thru the process?

Please help!!
 
Re: Do you need to inform CIS about change of job if using AC21?

Originally posted by tiklebit
Do you need to inform CIS about change of job if using AC21?
----- it is better if you inform USCIS becase if you dont update and your I-485 gets approved then you have to work with the employer who filed I-140
If so, what forms are needed?
---- No form is needed, you need letter from your new employer for Future Permenent job offer with same/similar skills, job duties as on approved LC, with that letter you also send your intent change letter to USCIS with your I-485 filing reciept copy.
Has anyone been thru the process?
-----many have gone through and are using AC21, this thread belongs to AC21 read all the threds and find the more info that you need.
Please help!!
 
Re: Re: Do you need to inform CIS about change of job if using AC21?

ginnu, what is that about working for the same employer? Is this correct? So if I switch jobs (company A to B) and do not send an AC21 letter and my 485 gets approved without any RFE, I have to work for the I-140 filing employer (company A)??

That is news to me. Can someone else confirm this? Should I call my lawyer?
 
Re: Re: Re: Do you need to inform CIS about change of job if using AC21?

Originally posted by eadwoes
ginnu, what is that about working for the same employer? Is this correct? So if I switch jobs (company A to B) and do not send an AC21 letter and my 485 gets approved without any RFE, I have to work for the I-140 filing employer (company A)??That is news to me
----- this is not news, your I-140 is filed by A and your I-485 is approved on basis of the employer A filed I-140, and you are supposed to work with A after I-485 approval. if you update USCIS that you change intent and would like to work with B and want to use AC21 then you need to send AC21 letter from B and your intent change letter to USCIS. USCIS does not get dreames that you changed from A to B, you have to update
. Can someone else confirm this? Should I call my lawyer?
---YES
 
AC21

ginnu:

I saw you provided a lot of great advices to people in this forum. I got some questions on my case and need your help if you don't mind.
Here is my case information:
EB2, RD/ND of I-485 is Dec 20, 02, FP Feb 1st, 03. Currently using 2nd EAD, waiting for approval.

Questions:

1. May change company from A (contract company, who helped me to file LC, I-140) to B (customer company of A), I have been contracted to work for B almost 5 years, same location, almost same duties, but different title. If I join B, what should I do with my GC application?

2. Can I prepare AC21 by myself? Because my attorney was very greedy, who was hired by company A, everytime I got questions or RFE, he planned to charge me. If I switch company and ask him to prepare AC21, then I don't know how much he will charge me again, may be 2 grands or more. If I prepare AC21 by myself, what should be prepared?

3. Do you know if USCIS will send RFE for I-485 to attorney or applicant directly?

Thanks for your help!

Peter
 
Re: AC21

Originally posted by peterwang60
ginnu:

I saw you provided a lot of great advices to people in this forum. I got some questions on my case and need your help if you don't mind.
Here is my case information:
EB2, RD/ND of I-485 is Dec 20, 02, FP Feb 1st, 03. Currently using 2nd EAD, waiting for approval.
--------- I dont know if you got I-140 approved and I-485 pending more than 180 days. if I-140 approved and I-485 pending more than 180 days you are eligible to use AC21
Questions:

1. May change company from A (contract company, who helped me to file LC, I-140) to B (customer company of A), I have been contracted to work for B almost 5 years, same location, almost same duties, but different title. If I join B, what should I do with my GC application?
-------- if I-140 approved and I-485 pending more than 180 days you are eligible to use AC21
2. Can I prepare AC21 by myself? Because my attorney was very greedy, who was hired by company A, everytime I got questions or RFE, he planned to charge me. If I switch company and ask him to prepare AC21, then I don't know how much he will charge me again, may be 2 grands or more. If I prepare AC21 by myself, what should be prepared?
------- take the help of lawyer use AC21 and prepare new employer B future permenent job offer letter and your intent change letter and send it to USCIS with I-485 filing reciept
3. Do you know if USCIS will send RFE for I-485 to attorney or applicant directly?
---- IF attorney filed I-485 then RFE will go to attorney
Thanks for your help!

Peter
 
Thanks

Ginnu:

Thanks for your replying. My I-140 has been approved before we filed our I-485. It's our attorney who helped us filed I-485.
It's too bad we have to go through with him.

Anyhow, thank you for your advices.

Peter
 
Re: Thanks

Originally posted by peterwang60
Ginnu:

Thanks for your replying. My I-140 has been approved before we filed our I-485.
It's our attorney who helped us filed I-485.
-- if you want to change the lawyer you can hire new lawyer and file new G28 that way your new lawyer will get RFE(if any) for I-485
It's too bad we have to go through with him.
----- hire your new lawyer, I-485, EAD AP belong to YOU not to any employer
Anyhow, thank you for your advices.

Peter
 
I disagree with that. Changing lawyers at this stage is counter productive and must be avoided. Even most lawyers would tell you that they will file the Notice of Appearance but in many cases it is ignored and the notices (or RFE's) still go to the original lawyers.

Do not channge lawyer if you can help that.
 
Change lawyer!

Thank you guys for your opinions.

Because I haven't changed employer yet, it's still in the process. It could happen very soon or it might not happen at all.
I just keep waiting, if not necessary, I may not change lawyer even if I don't like his services.

Peter
 
AC 21 - Moved from CA to NC

Having had the LC and I-140 approved and the I-485 for more than 180 days ( filed in Aug 2002 from CSC) I changed employers and moved from CA to NC.

Would the case be transferred to the TSC in case I notify that Ive moved out of CA. Ive not filed the AR-11 yet. What if i give a friend's address in CA instead of my current address in NC. What would be the pros and cons ?

I am concerned cuz TSC (under which NC falls) is slower than CSC.

Thanks in advance
 
AR-11 is a must and you are required to give your correct address in AR-11.
AR-11 does not cahnge the address with BCIS. You need to call the Service Center for that separately.
Changing addrsss does not normally transfer the case. Sometimes it does ofcourse.
HTH
 
1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#
3 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3

Changing addrsss does not normally transfer the case
 
I have a ques for ginnu (I know that you are not a lawyer, but atleast you know more things than me on I485 related matters).
My 140 is approved, 485>180 days and changed employer. I did sent the AC21 letter (did it myself), with all the necessary docs. Now, what if they approve my I485 without updating my AC21 letter. Am i supposed to go back to my previous employer ?? or, can i argue that i did sent the AC21 letter.?
 
Ill Leave

Ginnu to give a more detailed reply but basically ...youre golden!!!!! Only give them what they ask for and if they approve without asking anything --- great!!!!!!
 
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