Guru's and Well Wishers Please Help.........

A

AC21Issue

New Member
Hi All,


I have a question for all the gurus and would appreciate a reply from people who could suggest me ways out of the mess that I am in.......

I used to work for a company A who sponsored my GC and worked for him till after 6 months after I applied for my I140 and I485 together in September'03. My first EAD was approved in December'03. My I140 was approved in May'04 and I quit the employer in June'04 and went to work for a company B in similar job description. I applied for my second EAD in October'04 and was approved in 10 days. In December'04 my I485 got transferred to Newark Processing center for further procesing. I applied for my I131 (Advance Parole) in June'05 and it got transferred to Newark. I had an interview for I131 and was given my AP for me and my wife also.

In August'05 I applied for my EAD renewal and it got transferred to the Newark processing Center in September'05 and I went for an interview on October 18th'05 and they refused to give my EAD saying that my I140 was sent for verification and my I485 was sent back to the Vermont for decision. My wife's I485 was sent to Missouri for storage is what they informed me. I also asked her about my pending travel to India based on my Parole but she informed that my I485 stands a good chance of being denied and asked me to consult an attorney.

I am currently working for a company C on their W2 - hourly basis in the same job description. I did speak to company D who is ready to file AC21 on my behalf and I could start working for them once my EAD is approved.


Here are my Questions to guru's and would appreciate a response... by anyone who has any suggestions for me.......

1) Am I in this situation because I did not file for AC21?

2) If I file for AC21 now from Company D would it set the situation right? (I could say that I would work for this company once my EAD is approved and I do plan to do it)

3) I have always worked in Job desciption which is same or similar to my Labor filing. Do I need to prove this?

4) Do I need to go to a better attorney to explain the situation to USCIS?

5) How long does USCIS take to respond to this kind of situation? I dont have a work permit to work and I am currently an hourly employee so I am kind of out of job.

I would appreciate a response from all the gurus who can advise me out of this situation.

Thanks in advance.
 
Thank you for your reply.......

I had contacted my previous employer and he informed me that he had Sent a letter stating that I am no longer employed with the same company. Also this is the situation that I realised during my interview for my EAD. There was no communication from USCIS at all to me or my attorney regarding my I140. So do u think that this is all because of me not filing AC21?

Thanks again......
 
How you are defining similar job with out filing Ac21.

First file AC21 ..that is the solution at this point of time.

AC21Issue said:
Thank you for your reply.......

I had contacted my previous employer and he informed me that he had Sent a letter stating that I am no longer employed with the same company. Also this is the situation that I realised during my interview for my EAD. There was no communication from USCIS at all to me or my attorney regarding my I140. So do u think that this is all because of me not filing AC21?

Thanks again......
Click to expand...
 
Hello United Nations,

I am filing AC21 and trying to match the salary specified on my GC labor.

The salary specified on my labor & 140 is 87k/annum. I am filing AC21 now and the new company is going to pay me 90k/annum, but the new company is going to pay me on an "hourly rate" basis instead of fixed salary. So it is a full time job with the hourly rate as $44/hr(which equates to approx 88k/annum).

Is this okay?
 
unitednations said:
yes, it is ok.

I don't know why everyone gets worried about an hourly rate. Many of the labors/prevailing wages quote an hourly rate which is extrapolated to an annual salary.
Click to expand...

I need clarification. My I-140 approved (sub-labor with future employment case), joined the GC sponser company and I-485 pending for more than yr.

Can i change the job without filing AC21?

Can i join the new company with salary ($75K) less than specified salary ($85K) in labor ? Say salary less than $10K.

Is that going to pose issue for my case?

Thanks for ur response in advance
 
Hi All,

Thank you all for your responses. As A0001 suggested, I am filing an AC21 NOW. The key word here is NOW because I never filed it before. Do you think that would matter keeping in view that USCIS has not made any update on my case whatsoever even though the local office has sent my case back to Vermont.
Also Do you guys think that I should file AC21 from the present company I work for ( The w2 hourly company) or the Company D which is ready give a job employing me after my EAD is approved? How many days does every one this this issue would take to clear up with USCIS?

I would appreciate any replies.
 
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