Ginnu and other gurus Help. Interview in 10 days. Is invoking AC21 safe.

R

ramyan

Registered Users (C)
1) Company A sponsored GC, never worked for them. Working with company B in a similar job, since 1999. Have an interview in 10 days for I-485. Planning to invoke AC21 to continue to work for B (my attorney suggested this and thinks it will not be a problem).What do you think? Do you think it will be safe especially given that I never worked for A.?

2) Can I explain during interview if asked why I didn’t join company A?

--that they (A) wanted to employ me only after GC approval (which is the case),
-- I had every intention to join Company A, but in the recent month’s I wrestled with what is good for my career and decided to remain with B. And I took the decision based on Yates memo as well as my attorney’s counsel.

Will this be a sufficient explanation?

3) In the EVL, Is it OK if there is no mention of AC21?

I would greatly appreciate your help.
 
ramyan said:
1) Company A sponsored GC, never worked for them.
-------------- that was not needed as GC is for future job after I-485 approval
Working with company B in a similar job, since 1999. Have an interview in 10 days for I-485. Planning to invoke AC21 to continue to work for B (my attorney suggested this and thinks it will not be a problem).What do you think?
--------------------------- yes you need to invoke AC21
Do you think it will be safe especially given that I never worked for A.?
------------------ no problem
2) Can I explain during interview if asked why I didn’t join company A?
------------------ they will not ask if you give new employer letter of permanent job with same/similar duties
--that they (A) wanted to employ me only after GC approval (which is the case),
-- I had every intention to join Company A, but in the recent month’s I wrestled with what is good for my career and decided to remain with B. And I took the decision based on Yates memo as well as my attorney’s counsel.

Will this be a sufficient explanation?
---------------------- nothing to explain, they have info where you worked
3) In the EVL, Is it OK if there is no mention of AC21?
---------------- take employer B letter to invoke AC21 at the time of Interview

I would greatly appreciate your help.
Click to expand...
 
Ginnu, It is very reassuring to read your responses. They have a calming effect on my jittery nerves. Thank you! Thank you! Thank you!
 
EVL start date?

Sorry Ginnu, I have one more question about EVL, if you can help.

As I mentioned I am with company B since 1999. Long before Company A applied for labor cert. My current H-1B (8th Year Ext) with Company B is valid until 10/2005. To invoke AC21, in the EVL from Company B what should I put my start date as? I recently got my EAD extended, can I just use that date. Maybe this is a dumb question, but your answer will be greatly appreciated.

Thanks,
 
ramyan said:
Sorry Ginnu, I have one more question about EVL, if you can help.

As I mentioned I am with company B since 1999. Long before Company A applied for labor cert. My current H-1B (8th Year Ext) with Company B is valid until 10/2005. To invoke AC21, in the EVL from Company B what should I put my start date as?
-------------since 1999
I recently got my EAD extended, can I just use that date. Maybe this is a dumb question, but your answer will be greatly appreciated.

Thanks,
Click to expand...
sample AC21 letter:
TO WHOSOEVER IT MAY CONCERN


Date XYZ, 2005
Dear Sir/Madam:

This is to certify that Mr. "RAM AYA NA" is a full-time employee at our company ABC Inc. He is working with us since...... his job title is..... his current annual salary is...... We intend to keep the permanent job offer open for him upon the approval of his application to adjust to permanent resident status.

Ms. Ram AYA Na’s job duties include:
XXXXXXXXXXXXXXXXXXXXXX

We expect to continue employ him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,
Signature
designation
Company name
 
Thanks, Ginnu.

Thanks for the sample EVL, and clarification on the start date.
 
Last edited by a moderator:
Hi Ramyan

I am exactly in same boat.

Can u pls share your experience once you appear for interview. Hope you have interview on Aug 15 ???

thanks
 
Received my cards

Sorry this is late. I was disappointed with the immediate result of the interview, so recoiled myself into a shell. I had my interview in mid August. Interview went smoothly, but was told that my finger prints have expired. Gave us an appointment for finger prints in early sep and told us we will hear about our cases as soon as they have the new finger print results. Received our cards on October 3rd. I wasn’t expecting it so soon to be honest, so it was a pleasant surprise.

The following are documents requested by the officer:

1.Birth Certificates.
2.Marriage Certificate.
3.W-2 (I took for 8 years).
4.Pay Stubs (took for 4 months)
5.Tax Transcripts for the last three years
6.Letter from the current employer (same title and similar job description as in Labor cert application).
7.Letter from Spouse’s employer (surprised that he kept that as well)

Reviewed all the originals, and kept the copies. Reviewed my file.

Asked us some routine questions like if we had any problems with immigration, law, etc. We said no. Asked me why I am not joining the original petitioner, gave him a genuine answer. Asked me if my title was always the same as my current job, I said no and told him all the titles over the last 8 years.

Hope this helps. I wish you all the very best.

A special heartfelt THANKS to GINNU for his assistance in preparation for the interview.
 
You must log in or register to reply here.
Top