how to seek original employer's support to use AC21

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bgrass

Registered Users (C)
Hi, Gurus,
Say some people said that they had convinced the original employer to support the immigration process even after he/she left.
I am wondering how to do that? how is it going to be helpful?
If AC21 allows portability, the support from the new employer is important. What would the original employer do that could jeopordize the case?
I am thinking about changing job in another state, same INS center. I had no confidence in the current employer for supporting my case if I leave. They do not support sponsoring new cases any more and prefer less trouble for their end. It is all HR's words. What suggestion you can give me to bring my case up with the HR? I can only talk with attorney through HR.

I had LC approval letter addressed to the attorney, a 750B copy (only 1 page), with job description, 140 receipt and approval copy, 485 notice copy. Please tell me what else I need to use AC21?
Your opinions are highly appreciated!
Thanks for your time!
 
Ac21

There is nothing your employer can do to you if your I-140 is approved and your green card (I-485) has been pending 180 days. They could revoke I-140 but it would not matter in the least in the scenario above.

From www murthy.com

Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal.

Evidence of New Job Must Be Submitted to BCIS

In cases where the I-140 is revoked, the Memo states that it is "expected" that the foreign national will have submitted evidence of qualifying new employment which is the "same or similar" to the position as with the original sponsoring employer. If that evidence has been submitted, the adjudicating officer may simply adjudicate the case as though the approved I-140 petition had never been withdrawn.

If the I-485 applicant has not yet submitted evidence of a new job offer when the I-140 petition is revoked or withdrawn, the adjudicating officer is directed to issue a Notice of Intent to Deny (NOID). The disadvantages of a NOID have been discussed under, "Analysis and Conclusion," below.

If the applicant responds to the NOID with proof of a new "same or similar" job within the time allotted on the NOID, the case may be favorably adjudicated, notwithstanding the revocation of the I-140 petition. If, however, the applicant is unable to provide evidence of a qualifying new AC21 employer showing that the new position is indeed a "same or similar" job, the I-485 application may be immediately denied.
 
thanks!

Does murthy.com have great attorney. It sounds to me that I need attorney's help to reply to INS. Can I just get a paid consultation service from them on this type of case?
Thanks again!
 
bgrass said:
Hi, Gurus,
Say some people said that they had convinced the original employer to support the immigration process even after he/she left.
I am wondering how to do that?
-----I don’t think CVS sells any capsule that you should give it to employer; you must know how to convince your employer
how is it going to be helpful?
If AC21 allows portability, the support from the new employer is important. What would the original employer do that could jeopordize the case?
I am thinking about changing job in another state, same INS center. I had no confidence in the current employer for supporting my case if I leave. They do not support sponsoring new cases any more and prefer less trouble for their end. It is all HR's words. What suggestion you can give me to bring my case up with the HR? I can only talk with attorney through HR.

I had LC approval letter addressed to the attorney, a 750B copy (only 1 page), with job description,
------ you NEED copy of approved form ETA750A it has you skills wriiten in item13
140 receipt and approval copy, 485 notice copy.
------that is OK
Please tell me what else I need to use AC21?
------ NEW job with new employer if I-485 is pending more than 180 days AND I-140 is approved. new lawyer should be ready to give you future permanent job offer letter with same job title or skills/ job duties as on approved LC or form ETA750A and if USCIS ask new employer ability to pay he should be ready to provide the documents( better clear with new employer before you join)
Your opinions are highly appreciated!
Thanks for your time!
Click to expand...
 
Is 20k higher in salary OK for AC21?

Thanks for all your sharings. One of my concern is my salary kind of low at the time of LC. I expect by the time I change employer I could have 20K higher than what was posted in the LC. Is it going to be OK?
Intuitively, higher salary should be ok, while lower salary might not be good.
Any opinions?
 
Hi bgrass,
my assumption is higher salary is not at all an issue when u change the employer as long as Job title & Skill Set match the LC.

For any one to get GC approved or reach Interview stage, it takes a minimum of 3.5 years and I don't think any one working for 3.5 years in similar field will work for same salary for 3.5 years. So I feel higher salary is ok.
 
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