Is I140 approval notice required for AC21?

S

sham12

Registered Users (C)
Hi,

My employer is not paying me salaries. I want to change my employer and work on EAD. I cant transfer H1 because I dont have pay stubs. The new company's lawyer today told me that there is chance of my GC rejection if I invoke AC21 because I dont have I140 approval notice or I140 filing receipt. This is a very worrying situation for me. I spent time here in the US and worked really hard but I am back to square 1. I cannot transfer H1 and now lawyer says I cant work on EAD. This is totally opposite to what i have reading on the forums. Could someone please share their experiences with me and confirm whether I140 filing receipt is required otherwise my GC could be rejected.

Thank you

Sham
 
sham12 said:
Hi,

My employer is not paying me salaries.
----------------------File the complaint with DOL , DOL will recover your wages.

I want to change my employer and work on EAD.
I cant transfer H1 because I dont have pay stubs.
----------------------------If you file the complaint with DOL against employer who is not paying you wages.
You can send the copy of your letter that you sent to DOL that employer XYZ is not paying wages to USCIS when new employer file H1 transfer. It is employer fault that he is not paying you and that is the reason you don’t have pay stubs and DOL can fine the employer, debar him filing any H1 in future and DOL will recover your wages.
New company lawyer should write on cover letter that not having latest pay stubs is not your fault and you have filed complain with DOL. I have seen 4 H1 transfers approved who sent the copy of complaint letter (copy of signed letter by you that you sent to DOL) with H1 petition.

The new company's lawyer today told me that there is chance of my GC rejection if I invoke AC21 because I dont have I140 approval notice or I140 filing receipt.
-------------lawyer is wrong. you only need I-485 filing reciept and new employer job offer letter to invoke AC21.

This is a very worrying situation for me. I spent time here in the US and worked really hard but I am back to square 1. I cannot transfer H1 and now lawyer says I cant work on EAD.
-----------lawyer is wrong why you cant work on EAD if you have valid EAD?
This is totally opposite to what i have reading on the forums.

Could someone please share their experiences with me and confirm whether I140 filing receipt is required otherwise my GC could be rejected.
-------------------------you dont need I-140 filing reciept or I-140 approval notice to invoke AC21. you met a bad lawyer who does not know about AC21.

Thank you

Sham
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Thank you Ginnu

Thank you very much Ginnu. It was a great help. The new lawyer was assigned to me by the company that I am looking to join. I should probably talk to the company and ask them to assign me some other lawyer.

Thanks for all your help

Regards,

Sham
 
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