Follow up. Others please comment too.
OK....Here is my cover letter on my new company letterhead that I sent to BCIS. Also below is my Supporting Letter. I have scoured the boards and did severa posts and others think this is sufficient. Let me know if you think it is sufficient.
Robin
Cover Letter August 13, 2006
U.S. Department of Homeland Security
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
RE: Change of employer under American Competitiveness in the Twenty-First Century Act of 2000 (AC21) for Robin Laskowski Receipt No I-485 #LINXXXXXXXXXX (A#xxx-xxx-xxx)
Dear Sir/Madam:
Enclosed, please find a supporting letter for a change of employer under American Competitiveness in the Twenty-First Century Act of 2000 (AC21) along with the supporting documents as stated below for Robin (last name) for Form I-485
Receipt #LINXXXXXXXXXX (A#XXX-XXX-XXX).
Also included for Derivate Applicants:
Wife - Charlene (last name) Receipt No I-485 #LINXXXXXXXXXX (A#XXX-XXX-XXX)
Daughter – Elyse (last name) Receipt No I-485 #LINXXXXXXXXXX (Unknown A#)
1. Supporting Letter
2. Employment Verification Letter from (My new company).
3 Copies of the Pay stubs from new employer.
4. Relevant portions of AC21.
5. Memo on August 4th 2003 from William R Yates.
6. Copy of I-485 filing receipt notice for Robin (last name).
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for Charlene (last name).
9. Copy of cashed check for I-485 filing receipt notice for Elyse (last name). (We never did receive a paper notice for her.)
I hope the enclosed documents will comply with the required information needed. If you have any questions or need additional information concerning the above, please do not hesitate to contact me.
Thank you in advance for your kind attention and cooperation in this matter.
Sincerely,
Robin (last name)
ADDRESS LISTED HERE
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Supporting Letter August 13, 2006
U.S. Department of Homeland Security
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
RE: I-485 & AC21 / Additional Documentation Submission
Applicant: Robin Laskowski
Receipt Number#: LINXXXXXXXXXX
Alien#: 098-534-987
Dear Sir/Madam:
This letter is in regards to the I-485 application for adjustment of status filed on my behalf by (My Old Company.
On February 8th, 2005, my I-485 application was filed based on pending Form I-140
by my former employer, (old company) with Receipt Number LINXXXXXXXXXX. My I140 was approved on June 8th, 2005. I was lawfully employed with (old company) pursuant to the Employment Authorization Document (EAD) issued on my behalf in conjunction with my I-485 application. I recently took a position with (New company) in the same field as my previous job. It is a similar position and with same job duties. (Attached for your reference is Employment Verification Letter from (new company))
The American Competitiveness in the Twenty-First Century Act of 2000 AC (21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. (Attached for your reference are relevant portions of AC21.) On August 23rd, I changed employers from South Dakota Wheat Growers to Watertown Coop, as my I-485 had been pending beyond the 180-day period required by law.
According to the Memo released by William R Yates on August 4th 2003 the I-140 is valid if it is approved and form I-485 has been pending for more than 180 days even when the employer withdraws the approved Form I-140. (Attached for your reference is the Memo on August 4th 2003 from William R Yates) (Old Company) has told me they would not withdraw my I-140.
In light of the above, I maintain that I have lawfully changed employers pursuant to the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) statute, and that my I-485 application remains valid. I respectfully request that your office should adjudicate my I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
Thank you in advance for your kind attention and cooperation in this matter.
Sincerely,
