Gurus - Please help AC21

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rajibda

Registered Users (C)
Gurus,
Please advice/help me in the following scenario.
I am working with emp A(east coast,VSC) and got layed off from my client, I got an offer to work on hr rate basis through emp B(central, TSC) to a different client, have to work with emp B on their W2.
1. emp A has filed my 485/AP/EAD(VSC) on July 2003(Still waiting for FP). H1 experied on Dec 2003. I have EAD valid until July 2004. Re applied for extension of EAD/AP(VSC) on March 2004. Now if I join emp B what should I do with the renewal of EAD/AP?
2. I140 got cleared on Nov 2003 through emp A. Can emp A cancel my I140?
3. If I join emp B do I have to apply for AC21 or should I wait till I get an RFE?
4. Since emp A filed my GC, if there is an RFE who will be getting that information? the attorney of emp A or me?
5. If I join emp B can I talk to the attorney of emp A to see that if they can proceed my case even though I am not with emp A?
6. I know that emp A will not co-operate with me if I join emp B. In that case do I have to talk to emp B so that they can can help me out if any RFE comes?
7. I don't have the approved labor copy with me, form where I can get them? I do have copy of approved I140. What kind of labor copy do I need?
8. Since I have applied my 2nd EAD/AP through the attorney of emp A, did not get any receipt notice for that yet. Do I have to talk to the attorney of emp A regarding this? How I will be getting my 2nd EAD/AP.
If I change my employer from A to B, then what all are the steps I have to follow to get my GC with minumun problem.
I know that I have asked too many questions to you, please provide me some help. I will really appreciate that.
DO I HAVE TO TALK TO ANY ATTORNEY REGARDING THIS SCENARIO??????
Please let me know ASAP.....
 
Gurus,
Please advice/help me in the following scenario.
I am working with emp A(east coast,VSC) and got layed off from my client,
I got an offer to work on hr rate basis through emp B(central, TSC) to a different client, have to work with emp B on their W2.

1. emp A has filed my 485/AP/EAD(VSC) on July 2003(Still waiting for FP). H1 experied on Dec 2003. I have EAD valid until July 2004. Re applied for extension of EAD/AP(VSC) on March 2004. Now if I join emp B what should I do with the renewal of EAD/AP?
------ You have valid EAD till July 2004, you can join new employer with Vlid EAD that is Valid till July 2004 as you have filed for EAD renewal in March 2004 I hope you will get new EAD in hand before July 2004. where is the problem????

2. I140 got cleared on Nov 2003 through emp A. Can emp A cancel my I140?
------- IF I-140 is approved AND I-485 is pending more than 180 days and you get new job the past employer cannot revoke I-140, even if the past employer sends letter to USCIS to revoke the I-140 USCIS is NOT going to revoke it if you find same/similar job
3. If I join emp B do I have to apply for AC21 or should I wait till I get an RFE?
------- it is better to update USCIS so that they know that you have changed employer. Many wait for RFE to use AC21. if I have to use AC21 I would send new employer letter to USCIS and will inform them
4. Since emp A filed my GC, if there is an RFE who will be getting that information? the attorney of emp A or me?
------ your I-140 is approved, so no RFE for I-140, the I-485, EAD AP belong to YOU, if I-485 filed by lawyer then he will get RFE for I-485, if you are changing employer better hire your lawyer and fill up new G28 so that your lawyer can send it to USCIS where your I-485 is pending, that way if any RFE your lawyer will get if any RFE, if you change the location then also change your address on pending petitions with USCIS
5. If I join emp B can I talk to the attorney of emp A to see that if they can proceed my case even though I am not with emp A?
------ You can talk to t layer of A and lawyer must work in your interest. If I am in your situation I will hire MY lawyer
6. I know that emp A will not co-operate with me if I join emp B. In that case do I have to talk to emp B so that they can can help me out if any RFE comes?
------- Now employer A or B has nothing to do with your EAD, AP or I-485 all belong to you and if any RFE your lawyer or you have to reply. You only need the future permanent job offer letter from B to use AC21
7. I don't have the approved labor copy with me, form where I can get them? I do have copy of approved I140. What kind of labor copy do I need?
------ you need the form ETA 750A that was filed with LC if the past employer or lawyer is not giving you the copy then you can get the LC copy through FOIA ( search the threads for FOIA)
8. Since I have applied my 2nd EAD/AP through the attorney of emp A, did not get any receipt notice for that yet. Do I have to talk to the attorney of emp A regarding this?
------- You must ask the filing receipts for EAD and AP from the lawyer
How I will be getting my 2nd EAD/AP.
------ Your AP will go to lawyer and your EAD will come to your home address if form I-765 has your home address
If I change my employer from A to B, then what all are the steps I have to follow to get my GC with minimum problem.
----- if you wish to change to B, then talk to B that they have to provide you letter of future permanent job offer and they have to write the same skill as on approved LC ( that letter you don’t need at the time of joining but you must discuss with them if they are ready to give you that letter when you need)
I know that I have asked too many questions to you, please provide me some help. I will really appreciate that.

DO I HAVE TO TALK TO ANY ATTORNEY REGARDING THIS SCENARIO??????
----- You can talk to any good lawyer who prevents you??
Please let me know ASAP.....
 
Thanks ginnu

Thanks ginnu for your information. I think I have to apply for FOIA since I dont not have Labor certification since I will be asking for Labor certification do I also ask them to give me the copy of I140. Though I have the approved copy of I140. Following are the details of FORM G-639. Please advise me on filling this form so I do not do any mistake. And also please send me the detials of steps to be followed to get FOIA(list of documents etc.).

1. Type of Request
-- Freedom of Information Act(FOIA) (complete all items except 7)
2. Requester Information
-- Fill out all of my information & sign
3. Consent of Release Infromation
-- What exactly I have to do here. Please advise.
4. Action Requested(check One)
-- Do I hav to check COPY ?
5. Information needed to search for records:
-- What should I write here?
6. Data NEEDED on SUBJECT of Record
Family Name: <My Family Name>
Given Name: <My First Name>
Middle Initial: <N/A>
Other names used, if any: <N/A>
Name at time of entry into the U.S.: Airport name or what should write?
I94 Admissions #: Need to put my last I94# ?
Alien Registration #: Applicant no from I485 document?
Petition of Claim Receipt#: What should I write here?
Country of Birth: <INDIA>
Date of Birth of Apprx. Year: <DOB mm/dd/yyyy>
Names of other family members that may apper on requested record(s): <Write Spouse Name here?>
Country of Origin(Place of Departure): <INDIA, BOM(INDIA)>
Port-of-Entry into the U.S.: <Airport Name and location?>
Date of Entry: <Date of last entry?>
Manner of Entry: <Air>
Mode of Travel: (Name of Carrier) : KLM
SSN: <Spouse SSN ?>
Name of the Naturalization Certifications: What should I write here?
Certificate #: What certificate?
Naturalization Date: What should I write?
Address at the time of Naturalization: What address?
Court and Location: What whould I write here

7. Verification of Subject's Identitey
-- I think I do not have to write anything here

Signature of subject record : what should I write here?
Date: <todays Date>
Telephone No.: <My home ph no.?>

I think I can go to bank and do the NOTARY if I do NOTRARY then I do not have to sign the OR part right.

Please advise me , I will be applying FOIA ASAP.
FYI : My case has been applied in VSC.
 
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