Is new I-140 required for AC-21?

СССP

Registered Users (C)
My lawyer tells me that if I change jobs under AC-21 provisions, the new employer must file a new I-140. Is this correct? Is there a guidance on what documents need to be submitted to invoke AC-21? Does anybody have samples which he/she can post? I have a better offer in a similar occupation and would like to switch.
 
СССP said:
My lawyer tells me that if I change jobs under AC-21 provisions, the new employer must file a new I-140. Is this correct?
---------ask him to show any Memo from USCIS that says one need to file socond I-140 to use AC21. your lawyer gave you wrong info and it seems the lawyer represent the past company. did you read AC21 Memo? if not read you can search the threads and will find it
Is there a guidance on what documents need to be submitted to invoke AC-21?
------copy of pending I-485+cover letter to request AC21+new employer permanent job offer letter with same/similar jb duties.

Does anybody have samples which he/she can post?
-did you search the threads? I has been posted many times, search
I have a better offer in a similar occupation and would like to switch.
--- switch only if I-140 approved and I-485 pending more than 180 days
 
Hi Ginnu, thanks for answering this.
---------ask him to show any Memo from USCIS that says one need to file socond I-140 to use AC21. your lawyer gave you wrong info and it seems the lawyer represent the past company. did you read AC21 Memo? if not read you can search the threads and will find it

> Yes, he has been representing my company. I read the AC21 Memo, and you're right, there is nothing about the new I-140. However, the lawyer is certain that in order to continue with AC-21, the new company must file new I-140. I am confused.
Mine was approved in 2003 and will not be revoked if I leave the company.

Also, in December I replied to an RFE on I-485 (medicals, photos). My lawyer said that it is very likely that USCIS will issue a second RFE because they didn't ask for EVL in the first one. What's your take on it?
 
СССP said:
Hi Ginnu, thanks for answering this.
---------ask him to show any Memo from USCIS that says one need to file socond I-140 to use AC21. your lawyer gave you wrong info and it seems the lawyer represent the past company. did you read AC21 Memo? if not read you can search the threads and will find it

> Yes, he has been representing my company.

I read the AC21 Memo, and you're right, there is nothing about the new I-140.
However, the lawyer is certain that in order to continue with AC-21, the new company must file new I-140.
-Lawyer is Wrong
I am confused.
-------- why confused? USCIS officer is only going to follow the AC21 MEMO and not what your lawyer says. Never take the advice of Past company lawyer and never use him to file AC21. once change the employer hire YOUR lawyer and OR revoke the G28 filed by past lawyer by writing to USCIS
Mine was approved in 2003 and will not be revoked if I leave the company.
-------- if I-140 approved and I-485 pending more than 180 days and future job offer with same/similar job duties you are safe
Also, in December I replied to an RFE on I-485 (medicals, photos). My lawyer said that it is very likely that USCIS will issue a second RFE because they didn't ask for EVL in the first one. What's your take on it?
--------- has not lawyer sent EVL when filed I-485??? if sent why they will ask EVL again? your lawyer is not good why he /she did not sent Photo and Medicals when I-485 was filed?
Once change the employer file AC21 directly or hire YOUR lawyer
 
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