Filing AC21

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GC_VETA_GADU

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I would like to file AC21 as i have changed employer recently.
Instead of going to the lawyer , i would like to do it on my own to save some $$$.

Can some one help me with the procedure of it.

thanks in advance

GC Veta.
 
Job offer letter and filing AC21

nj_skm said:
For AC21 see: http://www.immigrationportal.com/showthread.php?t=87534

Also file a G28: http://www.immigrationportal.com/showthread.php?t=277096
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I recieved the job offer letter from the new employer and it does not have job duties. It just has job title. They said that is the standard format that they have.
Also I asked new employer attorney about invoking AC21 and following reply is what I got.
"AC21 is automatic. There is no requirement that you affirmatively provide any documentation to USCIS, and do not recommend sending anything at all unless USCIS specifically sends a Request for Evidence asking for clarification."

Now I am confused on what to do. New employer follows what thier attorney says. In future if I want to invoke AC21 and if I ask HR to provide me employment verification letter, HR may say attorney recommended not to send any documents to USCIS.

Is it recommened to not to invoke AC21 (informing USCIS about change of employment )?
If AC21 is not invoked and in future if for some reason if I left the new employer or if new employer layoff me, what will happen?
 
Last edited by a moderator:
panjan04 said:
"AC21 is automatic. There is no requirement that you affirmatively provide any documentation to USCIS, and do not recommend sending anything at all unless USCIS specifically sends a Request for Evidence asking for clarification."
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That is true. There is no requirement to send in anything for AC21 unless the USCIS asks for it. And they are unlikely to ask for it if the original employer doesn't ask them to revoke the I-140.
 
Not invoking AC21 explicitly will NOT cause you any harm.
However, in case of an RFE in future, you'll have to prove that the job change abides by AC21.

However, the offer letter not detailing the job duties could be an issue. Go back to them and get them to put in at least a few lines about the job duties, and they should match what was there in your original labor.
Make sure that you are covered here. You will need this.

If in future USCIS sends an RFE, the company should be able to give a job description that matches your LC or else your I-485 is toast.

You can change any number of employers under AC21, no problem.
If you get laid off in future, just find another job that is same or similar, that's all.
 
Nj_Skm

thanks for the valuble information.

If i can understand your explaination correctly , i can file AC21 when i recevie
an RFE from USCIS.

Isn't that a problem . For ex. i changed my job on APr1st , 2007 and i have not filed AC21. But in June 2008 i got an RFE .


Can i file AC21 at this time ?


One more scenario ,, So if i have to change one more job before i receive RFE , Will that be Ok. In that case do i have to file AC21 for the recent company i have shifted or do i have to file AC21 for all the companies that i have shifted? please explain.

thanks
GC VETA
 
GC_VETA_GADU said:
Nj_Skm

thanks for the valuble information.

If i can understand your explaination correctly , i can file AC21 when i recevie
an RFE from USCIS.
-----------------YES, IF USCIS sends NOID and then you will pay the lawyer more to reply NOID.
Isn't that a problem . For ex. i changed my job on APr1st , 2007 and i have not filed AC21. But in June 2008 i got an RFE .


Can i file AC21 at this time ?

----------yes you can
One more scenario ,, So if i have to change one more job before i receive RFE , Will that be Ok.
------------------it is not must that you will get RFE.
In that case do i have to file AC21 for the recent company i have shifted
----------------------------------YES
or
do i have to file AC21 for all the companies that i have shifted?
--------------------------No
please explain.

thanks
GC VETA
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