Eligible for AC21?

T

tuxedo

Registered Users (C)
Hi Gurus,
I have applied my 140 and 485(April 2004) by using a labor substitition and 140 has been approved in august 2004.FP done in Nov 2004.
Just applied for my 7 th yr H1B extension as my 6 years on H1B is going to end next month.

Now the end client is giving me an offer to join them.
I am in a dilemma as this is my 3rd time that i am going through the GC process since 1999(laid off Twice before and GC process abondoned).

1: Am i eligible for AC 21 job change now as mine is substitute labor.

2: If i can change job now safely what should be my status H1B or EAD as i have been working on H1B(got EAD but never used it) and just applied for 7 th yr extension.

3: If i want to continue on my H1B , how to transfer my H1B to the new company as my 7th yr is already pending with my current company.

Appreciate your help.
 
tuxedo said:
Hi Gurus,


1: Am i eligible for AC 21 job change now as mine is substitute labor.
---You are eligible for AC21 to change the job.. substitute labor will not make any difference

2: If i can change job now safely what should be my status H1B or EAD as i have been working on H1B(got EAD but never used it) and just applied for 7 th yr extension.
--- If you change the job then you are on EAD and not on H1B anymore. If you plan to be a future employee of the company that sponsored your GC then I think you can be on H1 - I am not very sure


3: If i want to continue on my H1B , how to transfer my H1B to the new company as my 7th yr is already pending with my current company.
--- As I said, you should continue as a "future employment" with your sponsored company

Appreciate your help.
Click to expand...
 
Hi tuxedo

My case is exactly similiar to yours... You are perfectly eligible to use Ac21

But i seriously caution u before u do it,, I did use Ac21 and my employer cancelled I140.. From that time on my case is stuck and not moving at all.. Infact uscis says whenever i call that my I140 and I485 are waiting to be denied because of old employer cancellation letter.. and they have been saying this for last 6 months. Also i am going through lot of nightmares and sleepless nights

Do only if u think ur employer wont cancel I140 otherwise dont do it.. If u still want to do it then prepare urself mentally to face all the delay that it can cause..

I am not saying this to scare you.. I am telling u out of my experience and i dont want anyone to go through the same turmoil that i am facing now
 
HaveMercy said:
My case is exactly similiar to yours... You are perfectly eligible to use Ac21

But i seriously caution u before u do it,, I did use Ac21 and my employer cancelled I140.. From that time on my case is stuck and not moving at all.. Infact uscis says whenever i call that my I140 and I485 are waiting to be denied because of old employer cancellation letter.. and they have been saying this for last 6 months. Also i am going through lot of nightmares and sleepless nights

Do only if u think ur employer wont cancel I140 otherwise dont do it.. If u still want to do it then prepare urself mentally to face all the delay that it can cause..

I am not saying this to scare you.. I am telling u out of my experience and i dont want anyone to go through the same turmoil that i am facing now
Click to expand...

Did you inform CIS that you are changing employer per AC21 and send the supporting documents?

tuxedo,
You are eligible for AC21. You are eligible to take up the new offer. Get a letter from the new employer stating that they are hiring you on a "permanent" basis and describing your job responsibilities. Search for AC21 in the forums to get more on that.

On the other note, did you sign something (I forgot what it is called) with your company stating something like you will not join the client within some time frame.
 
Hi Hakoonamaatata

I did send AC21 documents after getting two months paystubs from my new employer.

I sent
AC21 Letter
New Employment Letter with same skills and title
Two Months paystubs
I485 receipt notice
I140 approval notice
etc

I sent through US Postal service and i do have an acknowlegement card which says they received on Aug 18 2004

I seriously have doubts whether this actually gets to the file most of the time
. I somehow feel now that i should have listened to my lawyer who said dont send it.. because he says unnecessarily it delays the case which has come true in my case.. He said lets send it when they ask for it..
 
HaveMercy said:
My case is exactly similiar to yours... You are perfectly eligible to use Ac21

But i seriously caution u before u do it,, I did use Ac21 and my employer cancelled I140.. From that time on my case is stuck and not moving at all.. Infact uscis says whenever i call that my I140 and I485 are waiting to be denied because of old employer cancellation letter.. and they have been saying this for last 6 months. Also i am going through lot of nightmares and sleepless nights

Do only if u think ur employer wont cancel I140 otherwise dont do it.. If u still want to do it then prepare urself mentally to face all the delay that it can cause..

I am not saying this to scare you.. I am telling u out of my experience and i dont want anyone to go through the same turmoil that i am facing now
Click to expand...

I dont think an employer can cancel a 140 after being approved(atleast say if its more than 6 months after approval). How do you know that your old employer has sent a request to cancel your I140?

Please let us know. Good Luck!
 
Thanks

Thanks a lot guys.
HaveMercy,My current employer mightnot cancelmy 140 as they never did it before.
Clients corporate law firm saying not to inform USCIS(AC21) immediately as this might delay the process.They are saying to sent AC21 and employer letter once USCIS issues a query or asks for any thing.
Is it a good suggestion?

hakoonamataata ,No i have signed a contract but it only talks about not to join the client directly till one year which is not a problem as this is my 4yr at this clients site.
 
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