gc_aug_05 said:
I have recently received a job offer. It is West Coast. Currenty I am in TX.
My I485 is filed in Aug 2003 and I140 was approved way back in April 2002.
I have all my documents (using FOIA).
My current job profile is "Programmer Analyst" and job offer is for "Sr. Programmer/Data Analyst".
My current job description in labour cert. is very generalised (Analyse, design, code, test etc.)
The offer is 35% more than what I get and what is written in labour and I dont want to loose it.
Who is best attorney whom I can consult with and who can represent for here on? Do you guys know on an average how much it costs for AC21 cases.
Appreciate your help
U can definitely take the new job without any problems. For AC-21, most lawyers charge betweem $400-$1500. I don't think u need an ace lawyer as your case is a simple one - just get a lawyer who is accessible and responsive instead.
Or do it by yourself by researching this forum. I have included examples of AC-21 letters below
goodluck!
-ab
need to send the following:
- Company Balance Sheet (proof of ability to pay)
- EVL: Employment Offer/Support letter from <New employer>
- AC-21 Cover letter from you/your lawyer
- Copy of I140 Approval
- Copy of I485 receipt
- Copy of the employment authorization
- Pay Stubs
- DOT Code job description printout
Here are sample AC-21 and EVL letters:
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EVL
------------------------------------------------------------
Date
US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521
Dear Sir or Madam:
This letter is to confirm that <ur name> is employed with us as a <ur title - same/similar to one in LC> (Code: <from LC>) on a full time, permanent basis since <start date - after 180 days of 485 RD>. <New Employer Name> is an XXYYZZ firm, providing AABBCC solutions and services. <couple of lines about their business/revenues>
In his capacity as a <ur title>, <ur name> receives an annual base salary of <ur salary - hopefully similar to offered wage in LC>. In addition, he is eligible for paid vacation, health and retirement benefits, and applicable monthly and/or periodic bonuses.
His duties include: <similar job description from LC>
His work location may range all over the US, depending upon our client locations. <New employer's> geographic areas include, but are not limited to AABBCC. (this para is optional)
Please feel free to contact us if your office requires any further information.
Sincerely,
XYZ
--------------------------------------------
AC-21 Letter from yourself:
--------------------------------------------
Date:
Ur Name
I-485 Receipt # , A#
Address
Ph:
US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521
Subject: I-485 under AC21 for <ur name>, <ur 485 #>, A #
Dear Sir or Madam:
This letter is to confirm that I, <ur name>, am currently employed by <new employer> as a <title> and earn an annual salary of <ur salary>. I am currently a full time employee and intend to remain with <new employer> indefinitely. As a <title>, I work with <2-3 lines job desc>.
This is to inform your office that I have a pending I-485 at your center, and I have changed jobs as provided under the AC-21 law. My Labor Certification and I-140 were sponsored by <old employer>, and were approved on <LC approval date> and <140 approval date> respectively. The relevant job code was DOT # XXCCZZ, with employer’s wage offer of <LC offered wage>. Subsequently, I had filed for Adjustment of Status (I-485), which has a Receipt Date of <RD>.
On <job change date>, well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with <New Employer>. The position is a permanent one, has similar job duties, and offers a salary of <New Salary>. A letter from my current employer outlining the job duties and salary is included with this letter.
According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.
Sincerely
<ur name>
Enclosures
Company Balance Sheet (proof of ability to pay)
Employment Offer/Support letter from <New employer>
Copy of I140 Approval
Copy of I485 receipt
Copy of the employment authorization
Pay Stubs
DOT Code job description printout
