Exact Steps for AC21

G

gc_blues_1234

New Member
Hi Guys,

Long time reader here. Fantastic forum, helping a lot of lives.Time for me to seek your expertise.

I am on my second EAD, so eligible for AC21. I want to move, but am not sure of what are the steps needed to invoke AC21.

1. I now have an offer letter from a new employer, but the offer letter says Project Manager, while my labor application says Programmer. So what is the recommended course of action. Should I ask the new employer to re-word the offer letter and give the same Job Title as my labor?

2. What else is required for AC21 from my employers side? Should they give some additional documentation to INS, or to me?

3. What if any documents I should furnish to INS?

4. If yes to 2 and 3, when should these documents be prepared? Before joining or after joining?

I read through the forums, but I feel that all the steps required for an AC21 case is not all together in one thread. I saw documents like G-28, Employment Verfification Letter and other supporting docuemtns listed, but I thought if somebody can list it all together, it will be a big help for people like me.

Appreciate any help!

Cheers!
 
Hi GC_Blues,
Since you are a long time reader, I don't want to go thru the full laundry list again. Instead I will just come to the point.

1. Programmer and Project Manager belong to different job codes (O*NET I believe) and basically are incompatible. Note that it is not just about the title. It is more about job duties that need to remain same (or very similar). Among other things the EVL should have - A. Job title B. Job duties C. Salary D. Job is Permanent

2. You need support from employer in case there is an RFE and if they ask for more information. Nothing is really needed upfront apart from the EVL from the new employer. However it is good to include company's audited financial statements.

3. EVL letter from new/prospective employer, copy of labor, copy of I140 approval, AC21 memo. I am sure not all these are required. It also helps to furnish any other docs fromt he prospective employer that proves legitimacy of the company, job offer etc. It is good to include latest paystubs from the new employer (if already made the move) in addition to the financial statements mentioned above.

4. Before or after - your choice. If doing 'after' better to do it before USCIS sends a NOID or RFE (for some reason or the prev employer revokes/withdraws approved 140). Sometimes it might just not matter at all :) But it is good to play by rules. You are expected to notify USCIS of change of employers as soon as possible.

G-28 is only if you are changing lawyers (which is very likely). Your lawyers should take care of it from there.
 
Hi Grandhipal,

Thank you for such a fast feedback! Three quick questions:

1. EVL - Is this the same as offer letter?
2. Letter to USCIS with supporting documents - Is this something that I have to send them? If yes, could you give me a link or some site as to where I can find the address, who to address to, required documents, directives... things like that.
3. Do you think if the new company has an attorney, he should be sending these documents to USCIS?

Thanks again!
 
gc_blues_1234 said:
Hi Grandhipal,

Thank you for such a fast feedback! Three quick questions:

1. EVL - Is this the same as offer letter?
Yes
2. Letter to USCIS with supporting documents - Is this something that I have to send them? If yes, could you give me a link or some site as to where I can find the address, who to address to, required documents, directives... things like that.
Check out the AC21 section here:
http://boards.immigrationportal.com/showthread.php?threadid=93273
3. Do you think if the new company has an attorney, he should be sending these documents to USCIS?
If the new company has an in-house Immigration department they usually handle all this and might not even be willing to let you work with an outside attorney. Unlike some people might sound in forums, you are not really a free bird after EAD+140 approv+6 months since filing for 485. You still need a sponsor for GC. The employer has to work closely with whoever you choose to represent your case with USCIS and that involves giving away some information inlcuding Financials, other pending applications for GCs etc.
Note that you dont have to have a lawyer also. You could send a G-28 saying you will represent on your own from now on. There are many 'flavors' available and you need to choose the one that is right for you.
Thanks again!
Click to expand...
 
Thank you again.. for the great advice. I ll check with the new employer abt a lawyer, I m sure they dont have an 'immigration dept', but might have a lawyer. I see that this is not going to be that easy. And I thought the AC21 would be pretty straightforward...

Anyways, guess I might be just stuck for a while.... till the GC arrives. If it ever will. (Sighs...)

take care guys.
 
"...I see that this is not going to be that easy. And I thought the AC21 would be pretty straightforward..."

It is true that there are a few grey areas with AC21 and there are few minor challenges with finding a prospective employer who will be your GC sponsor. However the freedom that AC21 offers is unmatched (ok, I agree I am being a lil dramatic here). Consider yourself very fortunate to get to a stage where you have a EAD. Actually AC21 "procedure" is very simple. You will even find do-it-yourself instructions on one of the forums. In addition there are real experts ready to give you advice on these threads. Since there are risks associated, one has think carefully all options and risks before taking the plunge. I am in EB3 (India) with PD in May 2002. Only when I day dream (which I do almost every other day), I see myself getting a GC in next two years - 2008. I have no option but to use AC21
 
Grandhipal said:
You need support from employer in case there is an RFE and if they ask for more information. Nothing is really needed upfront apart from the EVL from the new employer. However it is good to include company's audited financial statements.
Click to expand...

I don't see any requirement for the audited financial statements; it's not even mandatory at the I-140 stage. If you can demonstrate that the new company is paying the LC wage or has 100 employees, then there's no problem.

copy of labor, copy of I140 approval, AC21 memo. I am sure not all these are required.
Click to expand...

Those documents aren't. USCIS will have the original labor and the I-140 one would hope, and if they do not your copies will do you little good. There's no need to send them the AC21 memo.

AC21 really isn't all that complicated. 99% of the time you send them evidence of your new job and that's all they want.
 
Guys, You are family!

There s good news. The new employer said they can change the job title, desc, and duties to whatever I need. I am exhilerated! I think I am gonna break free... off the shell... into the sky!!!

AC 21 freedom IS unmatched, Grandhipal, it is dramatic but true. I concur.

I appreciate your help very much. And lets continue building this forum.

Thank you!
 
I dont understand why people are making so much complications in AC21. It is a simple pocess, not a rocket science. It is not required to have any attorney representation.

The best thing is, change the job, (if you are qualified) and do nothing.

The very important thing in changing the employer is, make sure that the new job has same or similar duties/functions, preferably same title (no company give same title for same jobs.. therefore it does not matter .. USCIS wants to make sure that an engineer has not become a teacher) and same or more salary.

Satisfy yourself that the new job is the same/similar to previous job. Once you satisfied, change the job and do NOTHING.

If USCIS issues a RFE regarding job change, in future, then only send the only the evidences what exactly they are asking for. In most cases, (if previous employer does not do harm) they do not care if you changed job. Also, there is no rule, regulation or memo issued by USCIS that one must inform the job change.

Volenterly informing the job change may lead some problem or it may irritate 485 adjudicators if you send so much documents regarding AC21 job change, as they did not asked for.
 
can_card said:
I dont understand why people are making so much complications in AC21. It is a simple pocess, not a rocket science. It is not required to have any attorney representation.

The best thing is, change the job, (if you are qualified) and do nothing.

The very important thing in changing the employer is, make sure that the new job has same or similar duties/functions, preferably same title (no company give same title for same jobs.. therefore it does not matter .. USCIS wants to make sure that an engineer has not become a teacher) and same or more salary.

Satisfy yourself that the new job is the same/similar to previous job. Once you satisfied, change the job and do NOTHING.

If USCIS issues a RFE regarding job change, in future, then only send the only the evidences what exactly they are asking for. In most cases, (if previous employer does not do harm) they do not care if you changed job. Also, there is no rule, regulation or memo issued by USCIS that one must inform the job change.

Volenterly informing the job change may lead some problem or it may irritate 485 adjudicators if you send so much documents regarding AC21 job change, as they did not asked for.
Click to expand...
Liked the way you clarified it. Quick check, in this case if your "wonderfull" employer withdraws the 140, USCIS will definitely notify you(seek EVL) before actually doing it. Is this correct?
 
optimist_t said:
Liked the way you clarified it. Quick check, in this case if your "wonderfull" employer withdraws the 140, USCIS will definitely notify you(seek EVL) before actually doing it. Is this correct?
Click to expand...

They suppose to. If they issue RFE/NOID, then show evidences for that you ported the job by using AC21 rule. They defintly will not deny stright away. Even if they do, it can be easily overcome by a motion.
 
TheRealCanadian said:
I don't see any requirement for the audited financial statements; it's not even mandatory at the I-140 stage. If you can demonstrate that the new company is paying the LC wage or has 100 employees, then there's no problem...
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When to demonstrate the new company is paying the LC wage and why must demonstrate 100 employees?
 
There is no actual need for that letter to be sent pro-actively. An average adjudicator makes about 75k and knows that he can not ignore AC21 Law. Its was the initial days of AC21 when most officers were not clear about AC21 application that the cases were denied intitially and then the Lawyers had to send a letter quoting AC21 law.

Anybody can challange USCIS and win, if they USCIS ignores the fact that I140 is approved and 180+ days have passed for I485 in a case.

lately, I have not seen any AC21 case denied. therefore when USCIS recives any AC21 letter, no LUD changes. As for the RFE, USCIS asks for a letter from your CURRENT EMPLOYER. which in many cases is not the sponsoring employer.

Those lawyers who "charge" for merely sending that letter ,,,, they are greedy. OR. People who are convinced to send AC21 letter and cant send that letter themselves, are LAZY asses with lack of confidence.

My stand : Dont send AC21 letter pro-actively. Let the GC process takes its way. If any hurdle comes up, you or your lawyer can easily prove the conditions for AC21 are met.
 
What happens if GC is approved without any rfe if you do not send AC21 letter?

Cheekoo said:
My stand : Dont send AC21 letter pro-actively. Let the GC process takes its way. If any hurdle comes up, you or your lawyer can easily prove the conditions for AC21 are met.
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If you do not send AC21 letter pro-actively and your GC gets approved without any hurdles, then USCIS does not know that you have changed jobs using AC21.
In that case are you obliged to work for the original sponsoring employer after getting GC? If you do not work for sponsoring employer, will it haunt you later at citizenship stage?
 
Dallas03096 said:
If you do not send AC21 letter pro-actively and your GC gets approved without any hurdles, then USCIS does not know that you have changed jobs using AC21.
In that case are you obliged to work for the original sponsoring employer after getting GC? If you do not work for sponsoring employer, will it haunt you later at citizenship stage?
Click to expand...

All the above discussions are valid, if you worked for GC sponsering employer while 485 pending for first 6 months and then ported the job using ac21. If any one did not worked for GC sponsered employer, at any point of time, then it is a FRAUD.
 
Port the job using AC21?

can_card said:
All the above discussions are valid, if you worked for GC sponsering employer while 485 pending for first 6 months and then ported the job using ac21.
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Look at this case:
Worked for GC sponsoring employer for many years after filing I-485.
Ported the job for same job functions to a different employer.
If we do not pro-actively inform USCIS that we have ported the job using AC21, how does USCIS know that we have used AC21?
If I-485 gets approved without any interview or RFE, USCIS is not aware that we have used AC21.
In this case are we obliged to work for the original sponsoring employer after GC approval?
Can we send AC21 letter after I-485 approval?
 
Using Ac21

Dallas03096 said:
Look at this case:
Worked for GC sponsoring employer for many years after filing I-485.
Ported the job for same job functions to a different employer.
If we do not pro-actively inform USCIS that we have ported the job using AC21, how does USCIS know that we have used AC21?
If I-485 gets approved without any interview or RFE, USCIS is not aware that we have used AC21.
In this case are we obliged to work for the original sponsoring employer after GC approval?
Can we send AC21 letter after I-485 approval?
Click to expand...
Using AC21 / Invoking AC21 and other terms .... makes no sense?

AC21 is the law. Every one who is related to it have to make sure its applied correctly. For example .. you pay Income Tax but you dont quote the Section of ths contitution for it. You dont say I am using section21b - pergraph C2 etc, you just pay the tax.

Similarly, who ever had I140 approved and over 180 days passed after 485 filling is by default elidgeable to port. One may file a suite against the government if USCIS fails to recognise it.

In 99% cases where they are adjudicated after a longer time, EVL from "Current Employer" and recent pay stubs are always demanded. USCIS KNOWS ABOUT AC21 and would not run a check on you if the above conditions were met.

If you never worked for GC sponsoed employer, at any point of time, then it is a FRAUD.

Dallas03096 : In the case you presented ..
1, USICS knows AC21 is "AUTOMATICALLY" applied if necessary when I140 app + >180days I485.
2, You are NOT oblidged to work for the sponsoring employer.
3, After/Before - No need to send that letter. It will not change anything in your file with USCIS. Its the adjudicator's responsibility to see if all required laws are fulfilled.
 
Dallas03096

Dallas03096 said:
Cheekoo
Thanks for your clarification on AC21.
Click to expand...

How was your interview? wat did they ask you ?
I am just waiting for some action on my GC. Its so frustrating.
Did you ever use AP to travel ?
I will also be applying for "5th EAD" to be elidgeable for Guiness Book of world record. FBI responded to my email that check was completed back in 2004.
... waiting
 
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