Has any one used AC21 before I-140 approval?

OK, I received the RFE for my I-485, it requires 3 things:

1. Letter from current employer

2. Earnings statements for the last 3 months (I am assuming this is about paystubs).

3. "letter from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and renumeration"

I can't get a straight answer from my attorney regarding the 3rd part. Anyone understands this requirment? Could this be a misunderstanding on part of USCIS? The sponsoring company is actually a previous employer rather than a prospective one.

Has anyone received a similar RFE?
 
skosian said:
When and for how long would you have to go back to the old employer? Any salary requirements?
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I don't have any idea. I didn't ask the lawyer about that. But the lawyer was insisiting upon "One has to prove that the old employer is always ready to hire you."
 
skosian said:
OK, I received the RFE for my I-485, it requires 3 things:

1. Letter from current employer

2. Earnings statements for the last 3 months (I am assuming this is about paystubs).

3. "letter from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and renumeration"

I can't get a straight answer from my attorney regarding the 3rd part. Anyone understands this requirment? Could this be a misunderstanding on part of USCIS? The sponsoring company is actually a previous employer rather than a prospective one.

Has anyone received a similar RFE?
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RFE 1 and 2 are common to everybody. Nothing new.

Regarding 3, USCIS assumes that you are going to join with the sponsor, after you get your greencard. So they have used the word "prospective employer". Nothing complicated in this. You have to get a letter from your sponsor(who filed your I-140) saying that they are still willing to hire you and willing to pay you as per labor, once you get your greencard.


naanshi
 
My guess

naanshi said:
RFE 1 and 2 are common to everybody. Nothing new.

Regarding 3, USCIS assumes that you are going to join with the sponsor, after you get your greencard. So they have used the word "prospective employer". Nothing complicated in this. You have to get a letter from your sponsor(who filed your I-140) saying that they are still willing to hire you and willing to pay you as per labor, once you get your greencard.


naanshi
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They need letter from I-140 sponsoring company. They are trying to check the intent here. August memo talks about the intent at the point of I-140 approval If your I-140 is not approved do not send the letter from your AC-21 employer.
 
Thank you very much guys. You have been very helpful. My lawyer was insisting that I don't need a letter from the sponsoring company. After repeated phone calls he agreed that I do need the letter.
 
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Just for your information....


source:www.murthy.com

"Although the AC21 law itself only requires that the I-485 have been pending for at least 180 days, and does not require that the I-140 petition be approved for the I-485 applicant to enjoy portability, the USCIS position is that the I-140 petition should be approved. This new processing development creates significant legal and policy issues since the USCIS, by its own interpretation and actions, may have nullified the benefit of AC21 portability and violated the intent of Congress"

Good point to go to the court!!!!
 
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naanshi said:
Just for your information....


source:www.murthy.com

"Although the AC21 law itself only requires that the I-485 have been pending for at least 180 days, and does not require that the I-140 petition be approved for the I-485 applicant to enjoy portability, the USCIS position is that the I-140 petition should be approved. This new processing development creates significant legal and policy issues since the USCIS, by its own interpretation and actions, may have nullified the benefit of AC21 portability and violated the intent of Congress"

Good point to go to the court!!!!
--- if you feel you must go to court it will help many,till date they have not published AC21 final regulations and USCIS officers just follow the August 2003 AC21 MEMO
Good luck!!!
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has any one gone to court

continuing the discussion on this thread, did any end up in a situation where the only choice was to go in court?

If so, do you remain is appropriate valid status?

what are the repercussions?

thanks.
 
Pl here, similar situation

I changed job two months before I-140 approval, now its approved after long26months wait. and next week I received RFE for I-485 for medical(I-485 has been pending for over15months and the medical got expired with validity of 12months only) and employment letter. My current employer is willing to support and give necessary letter, also previous employer has no objection. Am I in a big mess? will there be problem in AOS denial or something like that because of changing job before I-140 approval?
I am planning on sending AC21 letter along with new employer letter and medical report. pl help and suggest. I am getting worried.
thanks
 
re:

I personally think that u need to make clear that u used AC21. since u used AC21 they shouldn't expect any letter from the employer who filed I140.
-- But again that is what i feel.
 
skusa said:
I changed job two months before I-140 approval, now its approved after long26months wait. and next week I received RFE for I-485 for medical(I-485 has been pending for over15months and the medical got expired with validity of 12months only) and employment letter. My current employer is willing to support and give necessary letter, also previous employer has no objection. Am I in a big mess? will there be problem in AOS denial or something like that because of changing job before I-140 approval?
I am planning on sending AC21 letter along with new employer letter and medical report. pl help and suggest. I am getting worried.
thanks
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Your RFE is a common one. USCIS does not care when you changed employer. What they need is underlying I-140 approval and your current employment letter to make sure that you are not going to be a burden to the society. You have both. So what is your problem here??

I have read about many cases (in this message board) where people changed job before 180 days, without I-140 approval and got I-485 approved later. I don't think you are in any kind of mess.


naanshi
 
Do not worry

skusa said:
Am I in a big mess? will there be problem in AOS denial or something like that because of changing job before I-140 approval?
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Absolutely you are safe. There should not be any problem. Changing the before I-140 approval is not a problem. Although it is not a problem, If you are not comfortable with disclosing that do not add start date of the new job in your employment letter.
 
Thanks a lot
In the RFE they asked for the employment start date and I donot want to lie. also am planning on sending AC21 letter along with RFE documents.Is it must for me to hire a lawyer? The EB1OR was through the univ and I did all by myself. I am just getting nervous and worried with this.

thanks a lot
 
Any updates on AC21 before 140 approval?

Folks,

I've been aggessively seeking information/updates on using AC21 before 140 approval.

Does any one get any approvals/denials by using AC21 on troubled 140(like RFEs on finanacials) or lay-offs?

Last, but not the least,
Does any of you any hopes that it'll work?
I'm also following 'naanshi' posts who used it, but he is not coming to boards lately to share updates.. :confused:
 
lohith, sorry for not replying you earlier. I haven't seen any new development of those cases who applied AC21 before I140 approval. I have tried to get my local congresswoman to contact CSC for clearification. I've also talked toa couple representitive from Senators' office. It's taking time and it's still gray area. However, in my personal opinion, you get more than 80% chance to get approval to use AC21 before I140 approval but after 180 days. MTR will even incrase your chance. so do it if you don't have other choice. however, waiting out the I140 approval by having old employer not to withdraw your I140 is always a better choice for now.
 
whorl1quote said:
lohith, sorry for not replying you earlier. I haven't seen any new development of those cases who applied AC21 before I140 approval. I have tried to get my local congresswoman to contact CSC for clearification. I've also talked toa couple representitive from Senators' office. It's taking time and it's still gray area. However, in my personal opinion, you get more than 80% chance to get approval to use AC21 before I140 approval but after 180 days. MTR will even incrase your chance. so do it if you don't have other choice. however, waiting out the I140 approval by having old employer not to withdraw your I140 is always a better choice for now.
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Thanks man.
It's good that you guys (and 'aws') are active on this issue not gave up!
 
It's terrible blow

whorl1quote said:
unfortunately I saw a negative development just now:
http://boards.immigrationportal.com/showthread.php?p=939706#post939706

take a look of the attachment.

Not to give up yet. there are still a couple cases waiting in different service center to get us more information.
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The letter was saying that..
The AC21 request was forwarded to Business Liason in WashingtonDC, that means USCIS understood that it's arguable question. But Director of Business Liason, IMPLICITLY denied that 140 should be prior-approved and job 'MAY NOT BE SWITCHED'.

Ever since INS became part of 'Home land security' it's acting anti-legal immigration by default.

Looking at the director Felicia's wordings, one can still take it to the court since the decision was IMPLICIT not explicit in law. But How many of us have time/energy/financials to do that?

Looking at this kind of bothered of 'naanshi' case ! :confused: I guess, he is looking for alternatives...

May be, we need to get some congressmen involved to change denial mind set of USCIS/Business Liason.
:mad:
 
lohith, I am thinking to file lawsuits together if we do experience deniel with AC21 on pending I140s. Not to fight in court alone, but to fight together. I think it's worth it, if it wins!
 
I forwarded that letter to my lawyer and they said that it's correspondence only and not to worry about it yet. If they officially send out a memo supporting this then we're in trouble.

I'm in the same situation as you guys. I got layed off well before my 180 days but old employer has been supportive so far. Unfortunately, I got an RFE on my 140 requesting financials. The company doesn't have tax returns, audited financial statements or annual reports. My lawyer told me to try to go back and work with the old employer but that situation doesn't look very promising either. I only have until December 22 to respond to the RFE and my current EAD expires in January (H1 already expired last March) so if something doesn't resolve itself soon, we'll be moving back home.

Has anyone done this pre-140 AC21 work yet???
 
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