fired after AC21

sonupv

Registered Users (C)
Hi Everybody,

What happens if the new employer that sponsered the AC21 fires you before you get the green card ?

In this era of retrogression who know when the PD would become current, so if you change the employer after 140 approval and 485 pending for 180 days, what is your status if the new employer fires you after couple of years ?

Are u royally screwed or what ?

How much time would you have to find a new employer ? What would be the options.

Thanks in advance for your help.

Sonu
 
sonupv said:
Hi Everybody,

What happens if the new employer that sponsered the AC21 fires you before you get the green card ?
----------- find new employer and update the USCIS with new employer permanent job offer letter and invoke AC21
In this era of retrogression who know when the PD would become current, so if you change the employer after 140 approval and 485 pending for 180 days, what is your status if the new employer fires you after couple of years ?
-------------AOS pending
Are u royally screwed or what ?
-------- NO, you should get new job offer
How much time would you have to find a new employer ? What would be the options.
-------------- you need to have permanent job offer when I-485 is approved
Thanks in advance for your help.

Sonu
 
Ginnu,

Thanks for your awesome reply. Another quick question if I may.

How much different is invoking AC21 than getting an employer to sponser your H1B ? Is it any better ?

These days lots of employers aren't even willing to consider H1B sponsership, would AC21 be similar ? Would you have to say "Ok now I don't need an H1B sponsership, instead I need an AC21 ?"

Pardon my ignorance about the whole process.

Thanks again

Sonu
 
sonupv said:
Ginnu,

Thanks for your awesome reply. Another quick question if I may.

How much different is invoking AC21 than getting an employer to sponser your H1B ? Is it any better ?

These days lots of employers aren't even willing to consider H1B sponsership, would AC21 be similar ? Would you have to say "Ok now I don't need an H1B sponsership, instead I need an AC21 ?"

Pardon my ignorance about the whole process.

Thanks again

Sonu
AC21 has nothing to do with H1B. You need either EAD or H1B to work. You file for AC21 just to keep your AOS in good standing and get 485 approved when priority dates get current etc.
You are right that a lot of employers dont like to sponsor for H1B. You can use EAD instead. However it would be better if you get to work on H1B instead.
Bottom line: You have to file for AC21 (again with new/prospective employer) when changing the employer. Thats inevitable whether you use EAD or H1B. Of course you could wait until USCIS sends you a RFE or NOID instead of filing AC21 proactively.
 
>>Of course you could wait until USCIS sends you a RFE or NOID instead of >>filing AC21 proactively.

What does that mean ?

Also an RFE would come when they pick up my 485 case which may not happen for several years cause my PD is 2005.

Thanks a lot for your help.

Sonu
 
sonupv said:
>>Of course you could wait until USCIS sends you a RFE or NOID instead of >>filing AC21 proactively.

What does that mean ?
----------------- He/she wants to say that you can file AC21 when USCIS sends RFE or NOID OR file AC21 Now.
( FYI the RFE or NOID will go to Lawyer who filed I-485, better hire your lawyer and also update your address on Pending I-485)

Also an RFE would come when they pick up my 485 case which may not happen for several years cause my PD is 2005.
---------- they will send RFE or NOID when the pull your I-485 for approval, if they find AC21 letter attached in file then no RFE or NOID, if no AC21 request attached with file then they may send RFE or NOID
Thanks a lot for your help.

Sonu
 
"..they will send RFE or NOID when the pull your I-485 for approval, if they find AC21 letter attached in file then no RFE or NOID, if no AC21 request attached with file then they may send RFE or NOID.."

Hi Ginnu,

I got my I-140 approved and it has been more than 180 days since i filed my I-485. Recently I switched my job - but have'nt filed AC21. I was suggested that I will be better off waiting for an RFE or NOID - as I will have to file not only AC21 but all "Change Of address ". Now if I do that I am worried that my case might get tranferred to some other service center. And I was told that there is also high probability that my case might get approved without an RFE - so why file AC21? The only RFE that I might get is medical - but in this case I am told it has nothing to do with company/current paystubs.. Please suggest your opinion.

Thanks
 
Aakash28 said:
"..they will send RFE or NOID when the pull your I-485 for approval, if they find AC21 letter attached in file then no RFE or NOID, if no AC21 request attached with file then they may send RFE or NOID.."

Hi Ginnu,

I got my I-140 approved and it has been more than 180 days since i filed my I-485. Recently I switched my job - but have'nt filed AC21. I was suggested that I will be better off waiting for an RFE or NOID - as I will have to file not only AC21 but all "Change Of address ". Now if I do that I am worried that my case might get tranferred to some other service center. And I was told that there is also high probability that my case might get approved without an RFE - so why file AC21? The only RFE that I might get is medical - but in this case I am told it has nothing to do with company/current paystubs.. Please suggest your opinion.

Thanks
Yes, Ginnu is very good in answering these questions, I am waiting for his opinion too. But here are my $0.02 meanwhile:
You changed from Employer A to B and hasn't filed for AC21 yet. A is the one who sponsored for your GC. Even though you have 140 approved, Emplyer A can still file to withdraw/cancel I140. Thats no big deal as you have crossed 180 days checkpoint. But USCIS can issue NOID based on the request from 'A' since it doesn't already have AC21 on file from you. Of course typically you get 30 days to respond. However the NOID is sent to previous lawyer. If you don't get it at all or don't respond in timely fashion then thats asking for big trouble.
Apart from that, lets consider another scenario - "there is also high probability that my case might get approved". If it gets approved, GC is approved for Emp A. In such a case you are "supposed" to stay with "A" for at least 6 months after GC approval. However if they have AC21 on file before 485 adjudication then GC will be approved on the name of "B" and you are safe.
But I would appreciate if Ginnu or other experts crosscheck my reasoning.
 
Grandhipal said:
You changed from Employer A to B and hasn't filed for AC21 yet. A is the one who sponsored for your GC. Even though you have 140 approved, Emplyer A can still file to withdraw/cancel I140. Thats no big deal as you have crossed 180 days checkpoint. But USCIS can issue NOID based on the request from 'A' since it doesn't already have AC21 on file from you. Of course typically you get 30 days to respond. However the NOID is sent to previous lawyer. If you don't get it at all or don't respond in timely fashion then thats asking for big trouble.
Apart from that, lets consider another scenario - "there is also high probability that my case might get approved". If it gets approved, GC is approved for Emp A. In such a case you are "supposed" to stay with "A" for at least 6 months after GC approval. However if they have AC21 on file before 485 adjudication then GC will be approved on the name of "B" and you are safe.
But I would appreciate if Ginnu or other experts crosscheck my reasoning.
----------------------Agree with above and the poster should file AC21, if he/she waits for RFE, NOID then more fee to lawyer and delay in processing( USCIS has to genrate RFE then post it, then time in mail then lawyer will take time to reply then time in mail then USCIS Mail room gets the responce and will search for the file then will attach it to file and officer may go for vaction or again the Visa for your PD may retrogess). what is the harm if poster invoke AC21 now???
 
GINNU please asnwer



GINNU,

On invoking AC21. say if my 140 is already approved 180 days is passed for 485 filling. In this scenario on invoking will my 485 continue to be processed with the priority date that it originally had. Or I lose the priority date if my approved 140 is later revoked by my employer after changing the job (invoking AC21).
In case I lose the priority date then does that mean, my 485 will be processed only when entire Eb3 category becomes current.

Actually I'am under impression that we do not lose priorty date if 140 is aproved and 180 days is passed while invoking AC21, even if employer revokes the 140.

Please clarify on this ..

thanks,
 
babyluck said:
GINNU,

On invoking AC21. say if my 140 is already approved 180 days is passed for 485 filling. In this scenario on invoking will my 485 continue to be processed with the priority date that it originally had. Or I lose the priority date if my approved 140 is later revoked by my employer after changing the job (invoking AC21).
In case I lose the priority date then does that mean, my 485 will be processed only when entire Eb3 category becomes current.



Actually I'am under impression that we do not lose priorty date if 140 is aproved and 180 days is passed while invoking AC21, even if employer revokes the 140.
------------- you are correct according to AC21 Memo
Please clarify on this ..
----------- USCIS Memo does not say anything about PD when I-140 is revoked while I-485 is pending more than 180 days. you need to contact USCIS H.Q to clear your concern about PD if I-140 is revoked
thanks,
 
GINNU and AC21 guyss

How come there is so ambiguity on this issue, when we have seen so many approvals who have invoked AC21.
I think AC21 guys should throw some light on this issue. Please please please.
 
babyluck...there is no ambiguity...the problem is if you want a qualified opinion i would suggest talk to Mr Khanna of this website or murthy...or some real qualified immigration attorney (not any attorney...not a lot of them know the detailed intricacies).
you can hang around these websites and forums you will keep hearing 1000 opinions from 1000 self-informed users.

if your case is important...talk to a qualified attorney even if it means spending a few bucks..atleast you will know you are doing the right thing.

the general opinion from what i read from murthy.com is this..they want you to file an AC21 reply after you get a NOID letter.
here is the portion of the info from murthy.

"Lawyers may propose a variety of approaches in these circumstances. Often INS sends a Request for Evidence (RFE) as a routine part of the case, prior to final decision. The RFE may ask for updated employment information, including an employer letter and possibly pay stubs. It would be sufficient to inform the INS at that point of the new employment offer. Submitting information in response to an RFE rather than sending it unsolicited has the advantage that the RFE contains a tracking bar code to ensure that the information is placed into the file. Information submitted without an RFE often receives low priority at the Service Center and may languish in a pile of unsorted correspondence for several months or longer.

Still, it may make sense to send in the information after the 180-day point even if INS has not issued an RFE. That way, in the event INS does not send an RFE, the applicant can be sure that the information was provided prior to the approval of the case. This method may avoid confusion as to exactly which employment offer formed the basis of the approval. Of course, delays in matching up routine mail with a particular file may lead to the issuance of an RFE, regardless. In this case the information must be provided again."

you can go through the faq section...on AC21. on murthy.com
 
michael_holding said:
Of course, delays in matching up routine mail with a particular file may lead to the issuance of an RFE, regardless. In this case the information must be provided again.

I'm quoting this for emphasis. While there's no harm in claiming AC21 benefits proactively, there is also no guarantee that this letter will ever be placed in your A-file. Even if it is placed in your A-file, you should have no expectation whatsoever that it can preclude an NOID in the case of an I-140 revocation.
 
i totally agree with realcanadian statement... above. there is no guarantee whatsoever...the most important thing also is when you go through AC21...before you invoke it make sure your addresses on the petitions pending are your CURRENT address. if possible get a good immigration lawyer and have him/her represent you by sending G-28. this way if the NOID comes it comes to you through your lawyer..so that you don't miss out on the RFE..leading to ungly consequences.
 
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