Gurus Some more help needed AC21...

K

kriskish

Registered Users (C)
Hi Gurus,
140/485 RD is 12/27/2004. It has been more than 180 days after 140 and 485 as of today.

My last day with the company was 07/01/2005. Company laid me off. They want me to go back to India to work. Company wont revoke H1 or 140 for sure.

140 approved on 07/05/2005.

My questions are:

1) Can I use AC21 now i.e. after lay off?

2) Do I need to have an offer letter from a company or Do I need to work for that company when 485 is adjuducated.

3) I have approched two companies. One company says they will give me an offer letter after getting the project only, this company have good contacts and they are paying higher than what is there in Labor application.

The other company says they will give an offer letter now but they will pay according to the project depending upon the billing rate. I am also trying for permanent positions too.

Which one is best in my scenario i.e. 140 approved and layoff. I know I am not out of status as 485 is pending please correct me if I am wrong.

4) Also what are the documents I need to send to the USCIS to use AC21.

5) I am EB3 now due to unavailability of Visa numbers I wish they process my 485 after Oct 1st. So that I can have some time to look same and similar job.

I need to talk to my attorney based on these clarifications. Before meeting I want to prepare the ground work.

Gurus please shed somelight.

Thanks in Advance..
KK
 
kriskish said:
Hi Gurus,
140/485 RD is 12/27/2004. It has been more than 180 days after 140 and 485 as of today.

My last day with the company was 07/01/2005. Company laid me off. They want me to go back to India to work. Company wont revoke H1 or 140 for sure.

140 approved on 07/05/2005.

My questions are:

1) Can I use AC21 now i.e. after lay off?
-------------------YES
2) Do I need to have an offer letter from a company or Do I need to work for that company when 485 is adjuducated.
--------------------Permanent Job offer letter with same/similar job duties to invoke AC21 and you need to be working when I-485 is approved
3) I have approched two companies. One company says they will give me an offer letter after getting the project only, this company have good contacts and they are paying higher than what is there in Labor application.

The other company says they will give an offer letter now but they will pay according to the project depending upon the billing rate. I am also trying for permanent positions too.
------------------- that is upto you what company to choose
Which one is best in my scenario i.e. 140 approved and layoff.
I know I am not out of status as 485 is pending please correct me if I am wrong.
------------- you are not out of status you are AOS pending, better keep Valid EAD AP with you
4) Also what are the documents I need to send to the USCIS to use AC21.
------------- cover letter to request AC21+ new employer permanent job offer letter with same/similar job duties+I-485 filing reciept copy
5) I am EB3 now due to unavailability of Visa numbers I wish they process my 485 after Oct 1st.
------------- only if the PD for you is current after Oct1
So that I can have some time to look same and similar job.

I need to talk to my attorney based on these clarifications. Before meeting I want to prepare the ground work.
------------- dont meet the Company lawyer who filed LC, I-140, he/she represents Company go to other lawyer
Gurus please shed somelight.

Thanks in Advance..
KK
Click to expand...
 
Thanks Ginnu,
Thanks for the quick reply. Good thing is I hired my attorney. So I can contact him directly without intervention of my company.

I have another question:

1) What happens if I invoke AC21 with one company who can give an offer letter now and then join another company which finds a job for me later?

Ex: Company A gives me an offer letter and later If I find another letter then Do I need to send another AC21 letter?

Thanks
KK
 
kriskish said:
Thanks Ginnu,
Thanks for the quick reply. Good thing is I hired my attorney. So I can contact him directly without intervention of my company.

I have another question:

1) What happens if I invoke AC21 with one company who can give an offer letter now and then join another company which finds a job for me later?
---------- if you find job with A send A letter to invike AC21 and if you decide that you want work with B then again send B future permanent job offer letter and request AC21 for B

Ex: Company A gives me an offer letter and later If I find another letter then Do I need to send another AC21 letter?
------------------- if you mean B then send B letter BEFORE I-485 gets approved. if at the time of I-485 approval USCIS has only A letter to invoke AC21 then they will approve I-485 for employer A if you write to them that you want to work with B or C then send the letter of B or C and request should be made that I-485 should be approved for B or C based on B or C future permanent job offer letter.( make sure your lawyer or you send request to Invoke AC21 with certified mail and keep the copy of each document/letter with dates and signed by you that you send to USCIS)

Thanks
KK
Click to expand...
 
Good immigration lawyer

Hi,
Filed I-140 and I-485 in June 2004 from NSC
and my I-140 has been arroved on 03/31/2005, and now i am eligible to use AC-21 and i plan on going fulltime at the current client.

My current lawyer is not so good. Can anyone refer a good lawyer who charges resonably. IF any one is in the same boat as I am share your thoughts.

Does any one have any idea how much would be appropriate to spend for a lawyer from here on.

Thanks and appreciate your help in advance,
Srinivas
 
cnu_june2004 said:
Hi,
Filed I-140 and I-485 in June 2004 from NSC
and my I-140 has been arroved on 03/31/2005, and now i am eligible to use AC-21 and i plan on going fulltime at the current client.

My current lawyer is not so good. Can anyone refer a good lawyer who charges resonably. IF any one is in the same boat as I am share your thoughts.

Does any one have any idea how much would be appropriate to spend for a lawyer from here on.

Thanks and appreciate your help in advance,
Srinivas
Click to expand...


You can try calling Jennifer I Hallett at 708-354-8200.
 
Ginnnu and krishkish - Same case

Hello Gentlemen,
My case is similar to krishkish's case except I am in EB2 category and visa numbers are current as of Aug 2005 as per today's updated visa bulletin. I just got laid off. I need to find a company that will provide offer letter for future employment.
My questions are
1. WIll the USCIS ask for company financials ? What do i need to ensure in that case?
2. Will USCIS ask for my most recent paystubs? What if the company has provided offer letter but will not pay till I get the next project?

Thank you for your responses in advance.
 
artusa said:
Hello Gentlemen,
My case is similar to krishkish's case except I am in EB2 category and visa numbers are current as of Aug 2005 as per today's updated visa bulletin. I just got laid off. I need to find a company that will provide offer letter for future employment.
My questions are
1. WIll the USCIS ask for company financials ? What do i need to ensure in that case?
----They CAN ask for ability to pay and you may need documents from company to prove ability to pay
2. Will USCIS ask for my most recent paystubs?
-------yes if case gots transfred to local office if it gets approved at service enter they may not ask pay stubs all depends upon the officer
What if the company has provided offer letter but will not pay till I get the next project?

---------- it is better if they are paying you and it will show company ability to pay

Thank you for your responses in advance.
Click to expand...
 
Ginnu, Gurus , please advice.. I am confused

Ginnu / gurus,

I have been posting my question on this post but not getting reponse. I am worried about my case. (TSC)

140 AD - june 2003.
145 RD - May 2003.
NOID received becasue of layoff in June 2004.
AC -21 with MTR RD - July 2003.
Not received any status update on MTR yet but I opened up a query on my MTR and received response that they reopened my 485.

So Now i am assuming that my 485 should be processed if the current TSC processing date as per today's bullatin is August 2003.

I have not seen any response yet on any of my cases.

How can I get response?

I asked my lawyer and he said that wait and watch.

somebody suggested me to fax USCIS for the case status.
What is the process to fax and what to fax USCIS.
any specific format will be appriciated.

Please advice..

I am very confused here.

Sam :confused:
 
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