How to invoke AC21?

A

akilhere

Registered Users (C)
Let me apologize in advance as this question might have been answered here before but I'm unable to locate a good answer.

Here's my case:
I'm on my 8th year in the US working on a H1B with company A (see my signature for my GC status). My PD is Jan 2004. I've got an offer from company B. Company B is unable to transfer my H1B visa.
I've been told that I can work in company B (where my job duties are similar) by invoking a AC21. So how do I invoke a AC21? What do I have to do? How long does it take? Do I have to apply for a EAD? If you guys can point me to a link rather than explaining the steps, that's fine too.
I would appreciate your responses.
 
You should be able to find all answers here, if not, please also use google ... for Bill Yates memo for AC21 ... that is an official document and easy to comprehend .. I am sure you will find it easily.

Good Luck
 
akilhere said:
Let me apologize in advance as this question might have been answered here before but I'm unable to locate a good answer.

Here's my case:
I'm on my 8th year in the US working on a H1B with company A (see my signature for my GC status). My PD is Jan 2004. I've got an offer from company B.
Company B is unable to transfer my H1B visa.
--------- why company B is unable to file H1 transfer??

I've been told that I can work in company B (where my job duties are similar) by invoking a AC21.
------------- you can work with B. ask the B if they are ready to give you permanent job offer letter with same/silimilar skills? if they are ready then only join them and invoke AC21

So how do I invoke a AC21?
What do I have to do?
------------Cover letter to request AC21+new employer permanent job offer letter+your I-485 reciept copy. send it to your service center where I-485 pending by certified return reciept mail.
How long does it take?
---------AC21 or new employer letter is just informing USCIS.and they will approve I-485 for the new employer. AC21 does not mean USCIS will approve I-485 early

Do I have to apply for a EAD?
----------- for work you need valid EAD in hand or H1.
If you guys can point me to a link rather than explaining the steps, that's fine too.
----------- search the threads or read AC21 Memo
I would appreciate your responses.
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Thanks for your answers.
I'm on my 8th year in the US working on a H1B with company A (see my signature for my GC status). My PD is Jan 2004. I've got an offer from company B.
Company B is unable to transfer my H1B visa.
--------- why company B is unable to file H1 transfer??
They do not want to deal with the hassle of transferring visas and all. They want the hiring process to be easy.
 
You don't need to file AC21 if your GC Employer is not going to revoke I-140. You should be fine with AC21 Portability.
 
akilhere said:
Thanks for your answers.
I'm on my 8th year in the US working on a H1B with company A (see my signature for my GC status). My PD is Jan 2004. I've got an offer from company B.
Company B is unable to transfer my H1B visa.
--------- why company B is unable to file H1 transfer??

------------------------- then you need EAD (H1 is good back up plan if anything goes wrong with I-485 or want bring spouse on H4)
They do not want to deal with the hassle of transferring visas and all. They want the hiring process to be easy.
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S_Reddy said:
You don't need to file AC21 if your GC Employer is not going to revoke I-140.

You should be fine with AC21 Portability.
Click to expand...
------------------ if the I-140 was filed by employer A and you want work with B after I-485 approval one need to invoke AC21.
if you dont invoke AC21 and I-485 gets approved with job offer letter of A then your GC is approved for A and you need to work with A after I-485 approval. Read all the AC21 Memo understand AC21 and then post about AC21.
 
I am posting what my Attorney told me not to file for AC21.Lot of my friends changed employers and never applied for AC21 and got approved, also it is not mandatory to file AC21 Even if you switch employers. AC21 is a Law and as per law you can switch companies after 180 days of pending I-485 and I-140 Approved.
Even if you file AC21 I don't think USCIS is not going to look at them This is not a case where you can fight back later.
I have seen many of them sending AC21 but still get RFE. If USCIS is looking at them then why would they send RFE Again.

Its up to individual to file or not. I feel better if a attorney says not to file as they know better and he is representing.
 
S_Reddy said:
I am posting what my Attorney told me not to file for AC21.
------------- I posted what AC21 MEMO says.
Lot of my friends changed employers and never applied for AC21 and got approved,
--------------- it means they got approved on the base of job offer letter of of the orignal employer that was filed with I-485. if they did not request for AC21 or not sent RFE by USCIS for new job offer letter. AC21 MEMO does not say anything about citizenship. They may be asked at the time of citizenship as they have to list the employer name.

also it is not mandatory to file AC21 Even if you switch employers.
----------USCIS expects to be updated or USCIS can ask for new job offer letter in same/similar skills and that is clear in AC21 MEMO
AC21 is a Law and as per law
you can switch companies after 180 days of pending I-485 and I-140 Approved.
------------ one can switch companies after 180 days of pending I-485 and I-140 Approved. but to use AC21one has to follow AC21 MEMO.Adjudicators also follow AC21 Memo or guidence from USCIS H.Q

Even if you file AC21 I don't think USCIS is not going to look at them This is not a case where you can fight back later.
----------- not all cases are approved by service centers many I-485 get transfred to local office and they ask for new permanent job offer letter and they make sure new job has same/similar skills .

I have seen many of them sending AC21 but still get RFE.
---------many have sent AC21 to wrong address or the USCIS never attached to pending I-485 file and when the officer looked at the I-485 file he sent RFE.
If USCIS is looking at them then why would they send RFE Again.
-----------Adjudicators dont attach the the recieved mail with pending I-485, when the Adjudicator looks at the file he sends RFE or NOID.RFE is not always for new job offer letter it can be for any missing document.

Its up to individual to file or not. I feel better if a attorney says not to file as they know better and he is representing.

---- depends on attorney, many say file AC21 after one gets RFE, many attorney say why not to file AC21 if one has changed the job, they argue that if I-485 is approved for past employer then one need to work with past employer and it may create problems at the time of citizenship and better invoke AC21 Before I-485 gets approved by sending new employer permanent job offer letter so that USCIS knows that one has changed the job under AC21. one is free to belive his/her attorney or go by AC21 MEMO that is from USCIS
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ginnu said:
if you dont invoke AC21 and I-485 gets approved with job offer letter of A then your GC is approved for A and you need to work with A after I-485 approval.
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This is not the case. While it is "expected" to inform USCIS, it is not required, and the GC does not get approved "for" any particular employer. USCIS may raise a question at citizenship, but if one documents what they did all should be OK.
 
TheRealCanadian said:
This is not the case. While it is "expected" to inform USCIS, it is not required, and the GC does not get approved "for" any particular employer. USCIS may raise a question at citizenship, but if one documents what they did all should be OK.
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What is the purpose of AC21 if ,at any given point, one is restricted to work for any one employer ? If that is the case, it is not expressed anywhere.

After using AC21, if one must work for the employer who was active at the time of GC approval, then next question is ... for how long ?

At the time of an approval, one must be working somewhere meeting AC21 requirements. Why wud USCIS wish to ask for EVL from that employer after 5 years ? specially when they are more inclined towards giving the nationality rather than looking for petty issues ?

I dont see a point of refusal from citizenship because of this. At the time of naturalisation, backgrounds are checked again and thats the main concern of USCIS.
 
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Cheekoo said:
What is the purpose of AC21 if ,at any given point, one is restricted to work for any one employer?
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There's no restriction at all to work for one employer. There is, however, an expectation that you have the good faith intent to work for the sponsoring employer for an indefinite period.

After using AC21, if one must work for the employer who was active at the time of GC approval, then next question is ... for how long ?
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A reasonable period of time. Most attorneys say six to twelve months to be safe, but there is no hard and fast number.

Why wud USCIS wish to ask for EVL from that employer after 5 years ? specially when they are more inclined towards giving the nationality rather than looking for petty issues ?
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Because they can, and because in the past INS gave citizenship to people who weren't qualified and that came back to bite them, and then they became extra cautious. Notice all these I-485 applicants stuck in Name Check purgtory for months at a time? It used to be that if the name check didn't get returned within six months, INS assumed you passed and didn't bother waiting any longer. They don't do that anymore.

It all depends on your appetite for risk. If you want to quit the day after you get your GC, then there's a decent chance you may never have a problem. There's also the chance that the first question out of your naturalization examiner's mouth during the interview will be "Your employer sponsored your Green Card. Are you still working for them? If not, when did you leave?"

And from there things will go downhill. Again, it's up to you to determine how much risk you wish to take.

I dont see a point of refusal from citizenship because of this. At the time of naturalisation, backgrounds are checked again and thats the main concern of USCIS.
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And what you did after you get permanent residency is part of that background.
 
I agree, we can work for any employer after I-140 is approved and I-485 is pending for more than 180 days and with the current retrogression it is valid as we cannot work for GC Employer for years. Even if at the time of citizenship,we can always say that we are protected by AC21 Law as long as we have all the documents from previous employers like EVL,Paystubs,W-2s.
I am not thinking that far as my I-485 is going to take atleast for 3 more years and citizenship another 5 years so total of 8 years. Who knows what might change at that time.
 
Hi Guys,

I am a bit silent viewer to this forum and I really appreciate every one’s opinion on the AC21 process so far. One question that is hunting me for some time is that

" Can I file for AC21 without providing ANY information on my approved I-140 ? "
(100% sure that my I-140 is approved and it's more than 1 year since my I-485 application is in pending)

Answer to this question is greatly appreciated.

Thanks for your time,
 
Lucky_V said:
Hi Guys,

I am a bit silent viewer to this forum and I really appreciate every one’s opinion on the AC21 process so far. One question that is hunting me for some time is that

" Can I file for AC21 without providing ANY information on my approved I-140 ? "

-----------------I-140 approved copy is not needed to invoke AC21
(100% sure that my I-140 is approved and it's more than 1 year since my I-485 application is in pending)

Answer to this question is greatly appreciated.

Thanks for your time,
Click to expand...
 
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