Ginnu, kindly answer me

R

ranvir_usa

Registered Users (C)
Ginnu and other gurus,

I want to take your opinion on filing AC-21. My case is not unique one but looking for sincere advice. Here are the details:

Labor EB3 - RIR (PD May 2002)
I140-485 (concurrent) - ND 12/12/2003 (NSC)
I-140 approved Jan 2005

Now change the employer in Aug 2005.

After changing the employer, I was in confusion whether to hire a new lawyer for filing AC-21 or ask my old lawyer (last company) to continue with my case.
Initially I thought of hiring new one but after getting different answers from different lawyer, I asked my old lawyer whether he can continue ( They are a big law firm) with my case. He told me that he will continue only after asking my old company and the relationship I had with old company when I left them. He asked my old company and now he agrees to continue. He is advising me to continue to wait for 485 decision or any RFE (if it comes) and not notify AC-21 proactively. What he says that, as long as you work in same field, you will not have any problem in future.

My questions are:

1) Now I am confused because in case my old employer revoke I-140 and CIS do not know about new employment, then they will either send NOID or deny my case. Please advice.

2) In case it gets approved and USCIS does not ask anything what will be the implication in future to continue with new employer?

3) Is it certain that my old employer revoke I-140 if I left company ?

4) Should I hire a new lawyer ? Can you advice me anybody in connecticut ?

Kindly help
 
ranvir_usa said:
Ginnu and other gurus,

I want to take your opinion on filing AC-21. My case is not unique one but looking for sincere advice. Here are the details:

Labor EB3 - RIR (PD May 2002)
I140-485 (concurrent) - ND 12/12/2003 (NSC)
I-140 approved Jan 2005
------------------ you are eligible to use AC21
Now change the employer in Aug 2005.

After changing the employer, I was in confusion whether to hire a new lawyer for filing AC-21 or ask my old lawyer (last company) to continue with my case.
Initially I thought of hiring new one but after getting different answers from different lawyer, I asked my old lawyer whether he can continue ( They are a big law firm) with my case. He told me that he will continue only after asking my old company and the relationship I had with old company when I left them. He asked my old company and now he agrees to continue. He is advising me to continue to wait for 485 decision or any RFE (if it comes) and not notify AC-21 proactively. What he says that, as long as you work in same field, you will not have any problem in future.
------------------ I will hire MY lawyer and will not go to past company lawyer to take advice or I will take advice from New company lawyer. I will update USCIS directly or through MY lawyer and will invoke AC21
My questions are:

1) Now I am confused because in case my old employer revoke I-140 and CIS do not know about new employment, then they will either send NOID or deny my case. Please advice.
--------------- they may send NOID and may deny( if paste employer sends request to revoke I-140) you have to pay more to lawyer to reply NOID or may have to go for MTR and more fees. I will not wait and I will invoke AC21
2) In case it gets approved and USCIS does not ask anything what will be the implication in future to continue with new employer?
----------- you need to work with employer who gave job offer letter with
I-485(past employer) if dont work, past employer may report it to USCIS and may also face problems when apply citizenship or renew GC
3) Is it certain that my old employer revoke I-140 if I left company ?
------------How I can answer that?
4) Should I hire a new lawyer ? Can you advice me anybody in connecticut ?
-----------better hire your Lawyer, lawyer can be anywhere in US. I dont know any lawyer in connecticut
Kindly help
Click to expand...
 
Just last one

3) Is it certain that my old employer revoke I-140 if I left company ?
------------How I can answer that?

I mean whether by law there is any compulsion on my past employer to revoke I-140 or it depends solely on his wish ?
 
Hey guys...

after I140 approval + job change and when old employer recall I140

1) Where do the RFE or sililar update(mail from INS) will go? to old employer Attorney or the applicant(employee)?

2) What if the applicant was filed(G28) during the initial time?
(I heard that, once the I140 is approved from that onwards any RFE or related mails will be notified to the amployee only and not Attorney even if they filed formG28 before)

3) What if the employee informed the INS about (his/her representation), currently the employee him/her self is representing and all the documents and inquiry should redirect to the employee only?

4)finally does the status (internet case status) will change? if the old employer revoked/recalled the I140?

Please answer if you have any idea..

thanks in advance
onebos
 
Job Switch

Ginnu,

I was under the impression that if I-140 has been approved & I-485 has been filed for more than 180 days, we can switch the job..& the employer can't do anything to revoke the 140 then even if he wants to. Isn't this true??

Babu71.
 
Babu71 said:
I was under the impression that if I-140 has been approved & I-485 has been filed for more than 180 days, we can switch the job..& the employer can't do anything to revoke the 140 then even if he wants to. Isn't this true??
Click to expand...

Not quite. An employer can always revoke an approved I-140.

However, once 180 days have passed since your I-485, revocation is no longer fatal. USCIS will issue you a Notice of Intent to Deny (NOID), at which point you have 30 days to respond, invoking AC21 and providing evidence of your new "same or similar" job.
 
Hi RealCanadian,

Thanks for the reply. Thats a news to me!!

You say that

"However, once 180 days have passed since your I-485, revocation is no longer fatal. USCIS will issue you a Notice of Intent to Deny (NOID), at which point you have 30 days to respond, invoking AC21 and providing evidence of your new "same or similar" job."

What if I have already invoked the AC21 & submitted the EVL..still can I get the NOID?

Bottomline is how risky is it to switch the job on AC21 here in my case?

Thx,
Babu71.
 
Babu71 said:
What if I have already invoked the AC21 & submitted the EVL..still can I get the NOID?
Click to expand...

Of course. Proactively submitting anything to USCIS is more than likely a waste of time.

Bottomline is how risky is it to switch the job on AC21 here in my case?
Click to expand...

How "same or similar" is the job? An NOID is no problem unless you cannot respond within 30 days.
 
Does that mean you want to say that its better that I shouldn't invoke the AC21 proactively unless its needed & I get an NOID. I can change the job without informing the USCIS & if I get a NOID then invoke the AC21....just clarifying if u mean this? If this is the case, won't it be a problem later for the GC Renewal/Citizenship?

Thx,
Babu71.
 
ranvir_usa said:
Ginnu and other gurus,

I want to take your opinion on filing AC-21. My case is not unique one but looking for sincere advice. Here are the details:

Labor EB3 - RIR (PD May 2002)
I140-485 (concurrent) - ND 12/12/2003 (NSC)
I-140 approved Jan 2005

Now change the employer in Aug 2005.

After changing the employer, I was in confusion whether to hire a new lawyer for filing AC-21 or ask my old lawyer (last company) to continue with my case.
Initially I thought of hiring new one but after getting different answers from different lawyer, I asked my old lawyer whether he can continue ( They are a big law firm) with my case. He told me that he will continue only after asking my old company and the relationship I had with old company when I left them. He asked my old company and now he agrees to continue. He is advising me to continue to wait for 485 decision or any RFE (if it comes) and not notify AC-21 proactively. What he says that, as long as you work in same field, you will not have any problem in future.

My questions are:

1) Now I am confused because in case my old employer revoke I-140 and CIS do not know about new employment, then they will either send NOID or deny my case. Please advice.
------------ file the AC21 through new lawyer or use the new company lawyer
2) In case it gets approved and USCIS does not ask anything what will be the implication in future to continue with new employer?
---------- if AC21 is not invoked then I-485 will be approved for Past employer as you attached his job offer letter with I-485 and you need to work for past employer after I-485 is approved , if dont work he can send complaint to USCIS and you may face problem at the time of citizenship. better file AC21
3) Is it certain that my old employer revoke I-140 if I left company ?
-------------- ask your past employer
4) Should I hire a new lawyer ?
--hire YOUR lawyer
Can you advice me anybody in connecticut ?

Kindly help
Click to expand...
http://www.murthy.com/chatlogs/ch071805_P.html
Chat User : How soon does AC21 need to be filed once we join a new job? I am on the payroll of the new company after the day I resigned to my previous job, but AC21 is not yet filed.

Attorney Murthy : It is safest and best to file the AC21 change of employer papers in about a month after joining the new job. The time of filing also depends on how quickly one expects the USCIS to make a decision on the I-485 case, since it is best not to wait until the case gets approved, since that causes possible additional problems down the road for such a person in case there is an investigation or if there is a citizenship filing, etc.

also read below:
http://www.murthy.com/news/n_risres.html
 
Thanks Ginnu.. You seem to be one of the top members here in this forum for answering the queries. Keep it up good going..Hope your expert advice benefits many of us.

I am in the last stages of my GC. My FP is done..just waiting for the GC approval. But my heart broke as I heard the retrogession news. I have waited enough & now can't wait any longer for the GC. I can't get exploited by my current employer anymore & have planned to switch my job & invoke AC-21. Most probably I am going to get a new job(interview already done) in 2 weeks time from now. My I-140 is approved, I-485 was filed in Nov'04 & I have crossed the 180 day period.

My Queries :

1)Can you please tell me the steps how to go for invoking the AC-21?

2)When should I invoke my AC21..before joining the new company or after joining the new company?

3)I have all the documents needed except the LC approval as the employer didn't provide me that. Could this be a problem?

4)Also what are the tricks to leave the current company..as they have a bond asociated with the GC & if we leave early they could fine us something..but lots of people have left & they couldn't do anything much.

5)Also I have to give them a 15 day notice before resigning. Should I inform them & resign or resign without informing them as I fear they could block my 15 day salary if I inform them. I don't have any vacations left for this year !!

HENCE PLEASE ADVISE !! APPRECIATE YOUR HELP !!

Thanks & Regards,
Babu71.
 
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