Invoking AC-21(Tips & Tricks Needed)

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Babu71

Registered Users (C)
Hi All,

I am in the last stages of my GC. My FP is done..just waiting for the GC approval. But my heart broke as I heard the retrogession news. I have waited enough & now can't wait any longer for the GC. I can't get exploited by my current employer anymore & have planned to switch my job & invoke AC-21. Most probably I am going to get a new job(interview already done) in 2 weeks time from now. My I-140 is approved, I-485 was filed in Nov'04 & I have crossed the 180 day period.

My Queries :

1)Can someone please tell me the steps how to go for invoking the AC-21?

2)When should I invoke the AC-21, after joining the new company or before joining it?

3)I have all the documents needed except the LC approval as the employer didn't provide me that. Could this be a problem?

4)Also what are the tricks to leave the current company..as they have a bond asociated with the GC & if we leave early they could fine us something..but lots of people have left & they couldn't do anything much.

5)Also I have to give them a 15 day notice before resigning. Should I inform them & resign or resign without informing them as I fear they could block my 15 day salary if I inform them. I don't have any vacations left for this year !!

HENCE PLEASE ADVISE !! APPRECIATE YOUR HELP !!

Thanks & Regards,
Babu71.
 
Last edited by a moderator:
I do have similar question as 5 -
Is it mandatory to give 15 days notice, I know I will not get paid even if I inform. I just want to resign on the same of informing. Other than salary wise, will it creates any problem in future.
Please share experiences.
 
Hi, I can tell my experience, I almost, almost invoked AC21 two weeks prior the October 2005 Visa Bulletin. I could invoke it today if I knew the result of this nasty Visa Bulletin.
This is what I did:
1) I got the interview. I felt I would get the job.
2) I visited a lawyer that I found in the AILA directory. If you can hire a known lawyer like Rajiv, I'd recommend. Do it ASAP, so that you will have a chance to examine everything and make a decision. That was one of my problems, I had to take a medical leave for two weeks after the interview and then all my schedule was messed up.

3) The lawyer you hire should examine copy of Labor Certification (or ETA750) which will contain the original job description. I had only the copy of the ETA750. Also send him a copy of the receipt of the I-140.
I sent the lawyer a copy of job description of the new employer.

4) As soon as I received the job offer confirmation from the new employer, I called HR and advised them I would need a letter (AC21) in order to resign from my current employer. I asked if they were willing to work on such AC21 letter with my lawyer. If the new employer accept that, ask lawyer to call them and have him get the AC21 letter PRIOR to your resignation in new employer.

5) As soon as the AC21 letter is available and you can read it, RESIGN from current employer.



5)


peopleforhelp said:
I do have similar question as 5 -
Is it mandatory to give 15 days notice, I know I will not get paid even if I inform. I just want to resign on the same of informing. Other than salary wise, will it creates any problem in future.
Please share experiences.
Click to expand...
 
Also do we need 2 pay slip from new employer for filing AC21? because our AC21 letter and new offer and other all docs should received by USCIS before our past employer send I140 revoke notice, So that we will not get NOID on our I485 notice.

All Guru's,

Pl.let us know that 2 payslip from new employer is must for filing AC21?

Now there is total uncertanity for our I485 due to retrogression, So no point to wait and sucked by our existing employer for sake of GC journey which is now indefinite in length.

Thank you

dice12
 
Appylying for AC21 if ETA750/I140 not available with candidate

Can some one advise how to Apply for AC21 , if we do not have a copy of Labor Certification (or ETA750) and I140 Notification.

In my case I have all 485 / AP/FP notices.

I feel a greater need for applying AC21 as these H1 companies may exploit us more due to retrogression.

Cheers
 
First called your attorney and asked for a copies what ever you don't have, tell them it's for your record keeping purposes. I did the same before i change my employer.
I hired an attorney like Rajiv, they asked my LC, 140 approval and 485 receipt notice. They filed G-28 and AC21 on behalf of me. If you don't have any of the above your attorney can contact your old attroney and request to get the papers or they can file FOIA(freedom of information act) to get the total file. My attrorney's office paralegal told me this.
 
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