Does AC21 company need to be in existence at labor date?

T

tightwait

Registered Users (C)
Hi There,
I had an urgent question:
When changing one's job with or without AC21, is it necessary to check that the company one is moving into was in existence at the date of my priority date?
I have changed jobs several times without filing AC21 but this time I want to File Ac21 because I'm scared of pissing off the original sponsoring employer with this job change which might cause him to withdraw my I140 and I dont want to take any chances on that.
Thats the reason for the question about whether it is necessary for the company that I am moving into should be in existence from the date of my labor application?
Please can you let me know this urgent.
Thanks,
TightWait
 
Does AC21 salary need to be following the labor rates?

A new question in the related field actually. Does the AC-21 salary need to be higher than the prevailing wage for the similar job category [compared to the original job for which H-1/I-140 was filed] ... in the new job location?

Urgent - please respond. I'd appreciate it!
 
Last edited by a moderator:
Does company location matter for AC21

Hi there,
I am planning on using AC21 to move to a company based out of California and my original sponsoring employer is in Texas and also I am going to work out of Texas and also my GC is from Texas. So will my file move to California because my employer is in California? Of course my paystubs for the current consulting assignment will be out of Texas?
Please let me know urgent.
Thanks and Regards,
Tightwait
 
Shaf said:
A new question in the related field actually. Does the AC-21 salary need to be higher than the prevailing wage for the similar job category [compared to the original job for which H-1/I-140 was filed] ... in the new job location?

Urgent - please respond. I'd appreciate it!
Click to expand...

Salary should be same as mentioned in LC or can be more[not sure
as to how much % in addition to one mentioned in LC]
 
tightwait said:
Hi there,
I am planning on using AC21 to move to a company based out of California and my original sponsoring employer is in Texas and also I am going to work out of Texas and also my GC is from Texas. So will my file move to California because my employer is in California? Of course my paystubs for the current consulting assignment will be out of Texas?
Please let me know urgent.
Thanks and Regards,
Tightwait
Click to expand...

No.

If you've used AC-21 or no AC-21, 140/485 will continue to be processed
from original service center.

It'll move to CSC only if u descide to file another 140/485 thr' an employer
which comes under CSC.
 
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