Informing INS about AC21

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raja234

Registered Users (C)
Hi experts,

My friend got laid off after 180 days. Luckily he got a job. He did not change the lawyer 'cause the same lawyer is official attorney for the new employer. The lawyer says to my friend that he does not have to inform INS about his change in employment and asks him to wait until they hear something from INS. Now my friend has question whether his lawer is correct or not. Please give your valuable input in this regard.

Thanks in advance.
 
It wouldn't hurt to inform INS and have proof of that.

It will help you in case your old employer try to revoke 140 then you will have something to show to INS. It's clearly mentioned in AC-21 that you should inform INS about it.

I did inform them.
Good Luck.
 
revoking 140

Can an employer revoke 140 after it has been approved? Can he revoke it after it's been pending with 485 for 180 days but has not been aproved yet? What can the applicant do if after 180 days 140 has been revoked? Thanks.
 
AC-21 law and revocation of i140 by old employer...

AC-21 law provides the answer to this issue: contrary to what many people believe, the "portability" under AC-21 is the portability of an approved i140, not i485. this portability is simply triggered by the i485 having remained unadjudicated for over 180 days. under this portability, the i140 underlying one's i485 is "inherited" by the new employer, who then owns the i140 and, in effect, becomes your sponsoring employer. the old employer does not own the i140 any more, therefore there is nothing for them to cancel.

officially notifying the BCIS about a job change invoking the AC-21 law provides this protection to the employee. if the BCIS is not officially notified of your intent to utilize your AC-21 rights, then the ownership of the i140 might remain in a gray area.

CAVEAT:
i am neither a lawyer nor an immigration expert, and the above is just my opinion and should not be construed as either legal advice or recommendation. please consult a qualifed immigration attorney before making any decision.
 
only for approved 140

Thank you. So, 180 day rule only applies to approved 140? What if it's been pending for over 180 days? Also, what if you don't notify BCIS about AC21 and your former eployer tries to pull the approved 140? Technically, do they have a right to do it and what should an applicant do in this case? Also, how much time does an applicant have to find another job? Thank you.
 
From Murthy FAQ's

Here is what I found on Murthy site..........

Question 10 : How do I exercise the portability provisions? What do I actually have to do?
AC21 does not state that notification to INS is required. The current INS guidance on the issue says that it is "expected" that a letter will be sent to INS. There is also no particular format for sending a letter advising of the change in jobs.



Lawyers may propose a variety of approaches in these circumstances. Often INS sends a Request for Evidence (RFE) as a routine part of the case, prior to final decision. The RFE may ask for updated employment information, including an employer letter and possibly pay stubs. It would be sufficient to inform the INS at that point of the new employment offer. Submitting information in response to an RFE rather than sending it unsolicited has the advantage that the RFE contains a tracking bar code to ensure that the information is placed into the file. Information submitted without an RFE often receives low priority at the Service Center and may languish in a pile of unsorted correspondence for several months or longer.

Still, it may make sense to send in the information after the 180-day point even if INS has not issued an RFE. That way, in the event INS does not send an RFE, the applicant can be sure that the information was provided prior to the approval of the case. This method may avoid confusion as to exactly which employment offer formed the basis of the approval. Of course, delays in matching up routine mail with a particular file may lead to the issuance of an RFE, regardless. In this case the information must be provided again.
 
Yesterday my friend told that his previous employer cancelled his H1-B some time later after he had been laid off. He has these questions. Please give your valuable input.

1) Will it trigger BCIS any thing against my friend?
2) Will H1-B and GC applications of an individual be in one file at Nebraska Service Center? His H1-B was also filed at Nebraska some time ago.
3) What happens if the lawyer is not at all interested to send his employment change information to BCIS, but my friend without informing his lawyer wants to do that?
4) What happens when does not send the letter but BCIS has approved his case?

Thanks in advance
 
Today my friend got an RFE. He checked online. He still has to get the notice. Would they serve a copy to him also or they send the notice only to the lawyer?

Thanks in advance
 
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