here are 2 AC21 Sample letters that were used

ginnu

Registered Users (C)
here are 2 AC21 Sample letters that were used , one can correct to ones needs, I posted becase many post for the AC21 sample letters
----
This has to be from New employer on company letterhead
Date

Dear Sir or Madam:

This is to certify that Mr. xxxxxx is a regular full time permanent employee at our company name .

Mr. xxx has been with us since xxxx. Since xxxx (EAD start date), he is in the position of xxxx (title mentioned in LC) with annual salary of xxxxx (salary mentioned in LC) . His job duties include xxxxxxxxxxxxx(included the job duties mentioned in LC).. Mr. xxxxx is a valued member of our staff.

We respectfully request you to grant him approval of the I - 485 Application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your help.



Sincerely,
President/ Director/Vice President
Signature
Name

xxxxxxxxxxx
----
SAMPLE 2

Sample AC21 letter submited by worker that he/she has changed the Intent and would like to use AC21

Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission
Applicant:
Case#: EAC-02
Alien#:

Dear Sir or Madam:

This letter is in regards to the I-485 application for
adjustment of status filed on my behalf.

On January DD, 2002, my I-485 application was filed
based on an approved I-140 by my former employer, ABC,
Inc. In Aug/Sept 2002, I began lawful employment with
XYZ Inc, pursuant to the Employment Authorization
Document (EAD) issued on my behalf in conjunction with
my I-485 application. I am currently employed in the
same field as my previous employer, ABC Inc., and in a
similar position.

The American Competitiveness in the Twenty-First
Century Act of 2000 (AC21) 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.) In
Aug/Sept 2002, pursuant to these guidelines, I changed
employers from ABC Inc. to XYZ Inc, as my I-485 had
been pending beyond the 180-day period required by
law.

In light of the above, I maintain that I have lawfully
changed employers pursuant to the 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.

Name, Address, Sign
Also attach New Employer letter:
-------------------------------



SAMPLE from Employer
------------

This Letter should be from New Employer with above Intent change letter
(Sample Employment Verification Letter)
(To be Printed on Company Letterhead)





Date


To U.S. Immigration & Naturalization Service:

This letter is to verify that Mr. / Ms.
__________________ (SSN: ____________) has been
employed by our company since November 1999 as
Software Engineer. Mr. / Ms. ____’s job duties
include: (job duties should be consistent with those
on Labor Certification). Mr. / Ms. ____ is compensated
with an annual salary of $____________. Although his
or her employment at our company is at will, his or
her position is a permanent position.

We have continued interest in employing Mr. / Ms.
______________ because of his or her excellent
performance.

If you have any questions, please do not hesitate to
contact the undersigned.



Very truly yours,




Operations Director

-------------------------
Can also check the below thread
http://www.immigrationportal.com/sh...17&page=2&pp=15
 
Can u help me GInnu

I quit my employer and i joined an other company with same salary, title and description as LC and now my old employer is threatening to revoke my I140 which is approved and I485 is more than 180 days old. I know that it will not affect my GC. So i spoke to my lawyer to use AC21 right away instead of waiting for NOID. He is saying not to worry about using AC21 now and he is saying it could delay your GC. All he is saying is lets do it when it comes. So i am in a very confused state.

I have couple of questions and i will be very thankful to you if u can find some time to clear my doubts

1. Is my lawyer correct?

2. Is AC21 simple enough to do it by ourselves or is it advisable to use attorney. Also do u know how much attorney charges?

3. If i do it myself, will my lawyer know?

4. Also I joined the new company with H1B and i did not use EAD. Is that ok to use AC21 in this situation?

5. If i have to do it myself what do i need to have?

6. In this thread, u have given three letters, one from employee (Intent to change) and two from employer. Do we need to send two letters from employer or do i need to select the best one out of two and use one of them?

7. Also when i send AC21, Is there any particular kind of mail service that i should use?

8. After i send it, do i get any kind of confirmation from USCIS that they have receviced it? In other words how do i know that it is attached to my I485.

9. If i use AC21 now, and if i change the company again for some reason that is not in my hands. Do i need to use Ac21 again? Or is it ok to use once and then if they raise RFE then use it for second time.

10. Do u know by any chance what are the actual steps that USCIS follows for approved I140 and pending I485 when it receives I140 amendent letter from employer?

Once again thank u so much in advance.
 
HaveMercy said:
I quit my employer and i joined an other company with same salary, title and description as LC and now my old employer is threatening to revoke my I140 which is approved and I485 is more than 180 days old. I know that it will not affect my GC.
---that is correct
So i spoke to my lawyer to use AC21 right away instead of waiting for NOID.
---I will do that becase if they send RFE then they send long list of documents
He is saying not to worry about using AC21 now and he is saying it could delay your GC.
---not correct, it will not delay the GC, they will have info that you changed employer and will have info that you want to use AC21 and they will approve with out RFE
All he is saying is lets do it when it comes. So i am in a very confused state.
---- I will send AC21 letter from new employer now so that it is attached to your pending file
I have couple of questions and i will be very thankful to you if u can find some time to clear my doubts

1. Is my lawyer correct?
----- not fully correct
2. Is AC21 simple enough to do it by ourselves or is it advisable to use attorney. Also do u know how much attorney charges?
--- you can do it
3. If i do it myself, will my lawyer know?
---no
4. Also I joined the new company with H1B and i did not use EAD. Is that ok to use AC21 in this situation?
--- that is OK
5. If i have to do it myself what do i need to have?
---- read my above post
6. In this thread, u have given three letters, one from employee (Intent to change) and two from employer. Do we need to send two letters from employer or do i need to select the best one out of two and use one of them?
----- your intent change letter+ any sample letter posted above from employer+ your I-485 filing reciept at top

7. Also when i send AC21, Is there any particular kind of mail service that i should use?
----- better use certified return reciept
8. After i send it, do i get any kind of confirmation from USCIS that they have receviced it? In other words how do i know that it is attached to my I485.
------ you will not get any online update or reciept from USCIS
9. If i use AC21 now, and if i change the company again for some reason that is not in my hands. Do i need to use Ac21 again?
---yes, send new employer letter
Or is it ok to use once and then if they raise RFE then use it for second time.
---- i will send again
10. Do u know by any chance what are the actual steps that USCIS follows for approved I140 and pending I485 when it receives I140 amendent letter from employer?
---ask your lawyer as I dont know full details why I-140 is to be amended
Once again thank u so much in advance.
 
Thank you so much

1. Do we need to mention anything regarding spouse I485 while doing AC21.

2. Do we need to enclose paystubs

3. On the top of the envelope, for the "To Address" do we just write

Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

or do i need mention anything about Ac21.

Thanks In Advance
 
AC21 Portability

Ginnu,
Please clarify the following questions for me. Can I apply for AC21? Here are my details. I got the labor Approved in March 2002 from company A. Joined company B in May 2002. Applied for I-140 and 485 (Concurrent ) from company A in December 2002. I-140 approved in November 2003 after 2 RFE's.
My Question is if I am applying for AC21 then the company B needs to give a letter that I joined them from May 2002. I changed employer before I-140 applied, will it cause any problem? Please let me know if I can go ahead and apply for AC21 or wait until RFE comes. I did not get the FP notice yet. Got second EAD card recntly. Thanks for your help in advance.
 
vanrkr said:
Ginnu,
Please clarify the following questions for me. Can I apply for AC21? Here are my details. I got the labor Approved in March 2002 from company A. Joined company B in May 2002. Applied for I-140 and 485 (Concurrent ) from company A in December 2002. I-140 approved in November 2003 after 2 RFE's.
My Question is if I am applying for AC21 then the company B needs to give a letter that I joined them from May 2002.
---GC is for Future job and new employer is going to offer you Future permanent job AFTER I-485 approval, just writing that you are working with then in same/similar job duties is enough, no need to write when you joined and even if the company write the joining date it is not a problem
I changed employer before I-140 applied, will it cause any problem?
--no
Please let me know if I can go ahead and apply for AC21 or wait until RFE comes.
--- I will send the AC21 letter NOW and will not wait for RFE becase with RFE they send long list of documents to provide
I did not get the FP notice yet. Got second EAD card recntly. Thanks for your help in advance.
 
HaveMercy said:
1. Do we need to mention anything regarding spouse I485 while doing AC21.
----- nothing for spouse becase spouse is not using AC21, his/her I-485 is derivative
2. Do we need to enclose paystubs
---- that will be OK, only 2-3 recent
3. On the top of the envelope, for the "To Address" do we just write

--- The below address is for VSC , you have to write your service center address
Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

or do i need mention anything about Ac21.
----What does the above sample posted letter mean? is it not for AC21? is it for truck driver licence???
 
Last edited by a moderator:
Thank u

Ginnu, looks like u are upset with my last question. Since i am doing it myself i am not taking any chances that could jeopardize my GC. Hope u can understand my situation.

I sincerely thank u for all the help
 
Ginnu One more question, please help

My new employer comes under california center whereas my old employer is from vermont. So if i use AC21 can the difference in service center cause the file to be transferred.

Once again thanks in advance
 
HaveMercy said:
My new employer comes under california center whereas my old employer is from vermont. So if i use AC21 can the difference in service center cause the file to be transferred.

Once again thanks in advance
------------File the AC21 with I-485 filing receipt where your I-485 is pending, if your I-485 is pending with VSC then send it to VSC.
Your Future employer whose letter for AC21 you are going to use can be in any state.

Regarding file transfer USCIS may not transfer your file to CA, you should not request file transfer it may delay the process. USCIS does transfer files or send files to local USCIS office randomly or if any issue for Interview.

*** if your I-485 has not your current address on I-485 then the FP notice will go to your address on I-485 if any RFE in future it will go to the lawyer who filed I-485. you must update USCIS your new address on pending I-485 and you can also hire YOUR lawyer for I-485 just fill up new G28 so that new lawyer can get any RFE if issued or can use New company lawyer. If you have good relation with past lawyer no problem,
 
Address for NSC - to file AC21

Which Address should I be using to file AC21 in NSC? Your help will be appreciated.
 
what if salary is less tha that mentioned in LC

Hi Ginnu,

Is it a cause of concern if my salary is than what mentioned in LC. Pl let me know

thks
shivapvb
 
shivapvb said:
Hi Ginnu,

Is it a cause of concern if my salary is than what mentioned in LC.
---AC21 August 2003 USCIS MEMO does not say anything regarding LC salary.

Pl let me know

thks
shivapvb
 
Question on which USCIS to send letter to

Gurus,

I always lived in California. My sponsoring company filed I140 / I485 from NSC.
Changing job to a new company in CA using AC21 after satisfying all basic AOS portability requirements.

My new Lawyer is sending the letters to CSC describing about my case in NSC and that I want to use AC21.

Question:
Do we have to send it to NSC or CSC? If anyone could please clarify that would be great.

Cheers
 
human_alien said:
Gurus,

I always lived in California. My sponsoring company filed I140 / I485 from NSC.
Changing job to a new company in CA using AC21 after satisfying all basic AOS portability requirements.

My new Lawyer is sending the letters to CSC describing about my case in NSC and that I want to use AC21.
----- He should send it to NSC as the I-485 file is pending with NSC
Question:
Do we have to send it to NSC or CSC? If anyone could please clarify that would be great.
--- where is your I-485 pending??? if it is pending with NSC then send it to NSC
Cheers
 
To Ginnu: Apply AC21 without a Lawyer.

Hello Ginnu,
I am planning to apply for AC21 as I am changing companies. My lawyer is charging $800. So I want to apply it by myself. is it risky to do it myself or is it better if I go through my Lawyer?

is it ok if my salary is 12K less than that mentioned in my LC?

Also, in your ac21 sample letter you have mentioned "(Attached for
your reference are relevant portions of AC21.)" what should I attach here?

Please advice.
Awaiting your reply,
sudhi75
 
sudhir75 said:
Hello Ginnu,
I am planning to apply for AC21 as I am changing companies. My lawyer is charging $800. So I want to apply it by myself. is it risky to do it myself or is it better if I go through my Lawyer?

is it ok if my salary is 12K less than that mentioned in my LC?

Also, in your ac21 sample letter you have mentioned "(Attached for
your reference are relevant portions of AC21.)" what should I attach here?

Please advice.
Awaiting your reply,
sudhi75

check this thread for (Attached for your reference are relevant portions of AC21.)


http://boards.immigration.com/showthread.php?t=153407
 
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