Need Adivce on Using AC21

P

pukhtoon101

Registered Users (C)
Hello Everyone:

I have been working for Company-A for the past 3 years. My case is being processed through the Vermont Service Center. Following is my current status:

- Working on first H1B (Expires Feb. 2005)
- Also have valid EAD (Expires Mar. 2005)
- No Advance Parole
- Approved labor cert.
- Approved I-140 (Sponsored by Company-A)
- Filed I-485 (More than 430 days ago)

Now I am thinking on moving to Company-B which is in a different state. I have a couple of questions in connection to this move, was wondering if someone can help me out.

1). Can I make the move to the new company using AC21?
2). If so, do I have to notify BCIS of the move before hand, or should I wait for an RFE?
3). The new salary is expected to be atleast 10% more than the amount that was on my labor. Is that going to pose a problem?
4). My case is currently being processed in the Vermont Service Center. Since the new company is Michigan which is processed through Nebraska. Will my case me automatically moved from Vermont to Nebraska? If so what impact will that have on thr processing time and approval of my I-1485?
5). Can I transfer my H1B to the new company? If so does the new company have to do anything?
6). What documentation will be needed to file AC21?
7). What if my old company withdraws my approved I-140?

Any help with the above questions will be greatly appreciated.

Thank you

- P
 
Originally posted by pukhtoon101
Hello Everyone:

I have been working for Company-A for the past 3 years. My case is being processed through the Vermont Service Center. Following is my current status:

- Working on first H1B (Expires Feb. 2005)
- Also have valid EAD (Expires Mar. 2005)
- No Advance Parole
**** ( better keep approved AP with you and file for AP if you have H1B Visa stamp then you can enter with on H1Visa stamp it is better to apply AP 6 months advance and better to keep valid AP with you)
- Approved labor cert.
- Approved I-140 (Sponsored by Company-A)
- Filed I-485 (More than 430 days ago)
****** you are qualified for AC21
Now I am thinking on moving to Company-B which is in a different state. I have a couple of questions in connection to this move, was wondering if someone can help me out.

1). Can I make the move to the new company using AC21?

---YES
2). If so, do I have to notify BCIS of the move before hand, or should I wait for an RFE?
---- they dont have to notify it is YOU who has to notify, I will not wait for RFE. I prefer to update USCIS with new Employer future permanent job offer letter+ your Intent change letter and copy of I-485 filing reciept, you can do it once you join the new employer after 1-2 months.
3). The new salary is expected to be atleast 10% more than the amount that was on my labor. Is that going to pose a problem?
4). My case is currently being processed in the Vermont Service Center. Since the new company is Michigan which is processed through Nebraska. Will my case me automatically moved from Vermont to Nebraska?
-----NO, once you move to new address
you need to do:

1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3
If so what impact will that have on thr processing time and approval of my I-1485?
----- it does not matter and affect your processing time, you MUST NOT request for I-485 transfer from VSC to NSC it may delay the process. let it be in VSC just update your address on pendingI-1485
5). Can I transfer my H1B to the new company? If so does the new company have to do anything?

----- it is in your intrest, let new company file H1to H1 transfer with recent pay stubs, they day H1transfer is filed and you get H1transfer filing reciept you can join new employer ( make sure the new company lawyer file H1 TRANSFER and NOT Fresh NEWH1) your new company need to get newLCA for you and it is fax back system lawyer can get LCA for you in 2-3 days and then they fill up I-129 and attach LCA for you AND copy of 2-3 recenent paystubs and will file H1 Transfer

6). What documentation will be needed to file AC21?
-----read above
7). What if my old company withdraws my approved I-140?
------- old company cannot withdraw the I-140 as your I-140 is approved and I-485 pending more than 180 days. once you change the company better update USCIS so that they know that you are working with new employer and are using AC21
Any help with the above questions will be greatly appreciated.

Thank you

- P
Click to expand...
 
Ginnu

As always you are right on the mark. Here are some followup questions that I had in relation to your response. Could you help out.

- No Advance Parole
**** ( better keep approved AP with you and file for AP if you have H1B Visa stamp then you can enter with on H1Visa stamp it is better to apply AP 6 months advance and better to keep valid AP with you)
REPLY: Do you mean I should apply for an AP six months before my previous one expires?

1). Can I make the move to the new company using AC21?
---YES
REPLY: Which service center do I file the AC21 with? I am currently being processed through the Vermont service center, however since the new job in Michigan, it therefore comes under the jurisdiction of the Nebraska processing center.


3). The new salary is expected to be atleast 10% more than the amount that was on my labor. Is that going to pose a problem?
REPLY: Ginnu, since the salary in the new job is going to be higher than the old one, will that create a problem?


4). My case is currently being processed in the Vermont Service Center. Since the new company is Michigan which is processed through Nebraska. Will my case me automatically moved from Vermont to Nebraska?
-----NO, once you move to new address: you need to do:

1 file form AR11 for address change
REPLY: Got that.

2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
REPLY: Do you mean, call NCSC at the 1-800 number above, and provide them the following:
• WAC, EAC or LIN numbers of I-485
• Reciept # of any pending petitions (In my case the only petition is going to be I-485 itself, what other petitions are you refering to?)
• Provide the receipt # (Do you mean reciept # of I-485)

3 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3
REPLY: Which service center should I write the letter to i.e Vermont or Nebraska? (I am currently being processed through Vermont)

If so what impact will that have on thr processing time and approval of my I-1485?
----- it does not matter and affect your processing time, you MUST NOT request for I-485 transfer from VSC to NSC it may delay the process. let it be in VSC just update your address on pendingI-1485.
REPLY: Since my state of employment will change to Michigan which is under the jurisdiction of the Nebraska processing center. When I send in the AC21 with a letter from the new company, it will show their address. Won’t BCIS automatically change my processing center from Vermont to Nebraska without me even requesting it since my state of employment changed.


5). Can I transfer my H1B to the new company? If so does the new company have to do anything?

----- it is in your intrest, let new company file H1to H1 transfer with recent pay stubs, they day H1transfer is filed and you get H1transfer filing reciept you can join new employer ( make sure the new company lawyer file H1 TRANSFER and NOT Fresh NEWH1) your new company need to get newLCA for you and it is fax back system lawyer can get LCA for you in 2-3 days and then they fill up I-129 and attach LCA for you AND copy of 2-3 recenent paystubs and will file H1 Transfer
REPLY: Can I use my EAD if the H1 transfer does not work? If I can what is process for that? Do I have to notify the service center again?

Thank you

- P
 
Originally posted by pukhtoon101
Ginnu

As always you are right on the mark. Here are some followup questions that I had in relation to your response. Could you help out.

- No Advance Parole
**** ( better keep approved AP with you and file for AP if you have H1B Visa stamp then you can enter with on H1Visa stamp it is better to apply AP 6 months advance and better to keep valid AP with you)
REPLY: Do you mean I should apply for an AP six months before my previous one expires?
------YES
1). Can I make the move to the new company using AC21?
---YES
REPLY: Which service center do I file the AC21 with? I am currently being processed through the Vermont service center, however since the new job in Michigan, it therefore comes under the jurisdiction of the Nebraska processing center.

------- send AC21 letter to VSC as your I-485 is pending with VSC

3). The new salary is expected to be atleast 10% more than the amount that was on my labor. Is that going to pose a problem?
REPLY: Ginnu, since the salary in the new job is going to be higher than the old one, will that create a problem?

------ NO problem with salary. AC21 Memo does not say anything about location and Salary
4). My case is currently being processed in the Vermont Service Center. Since the new company is Michigan which is processed through Nebraska. Will my case me automatically moved from Vermont to Nebraska?
-----NO, once you move to new address: you need to do:

1 file form AR11 for address change
REPLY: Got that.

2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
REPLY: Do you mean, call NCSC at the 1-800 number above, and provide them the following:
• WAC, EAC or LIN numbers of I-485
--------- as your I-485 is pending with VSC your I-485# will start with EAC and your name, DOB, and A# (A# is on I-485 filing reciept)
• Reciept # of any pending petitions (In my case the only petition is going to be I-485 itself, what other petitions are you refering to?)
------- if you have EAD application pending or AP pending, if only I-485 pending then I-485 reciept

• Provide the receipt # (Do you mean reciept # of I-485)
------------ yes I-485 filing reciept

3 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
*** do the all 1,2,3
REPLY: Which service center should I write the letter to i.e Vermont or Nebraska? (I am currently being processed through Vermont)
------- VSC where your I-485 is pending.
If so what impact will that have on thr processing time and approval of my I-1485?
---------- it does not matter and affect your processing time, you MUST NOT request for I-485 transfer from VSC to NSC it may delay the process. let it be in VSC just update your address on pendingI-1485.
REPLY: Since my state of employment will change to Michigan which is under the jurisdiction of the Nebraska processing center. When I send in the AC21 with a letter from the new company, it will show their address.
------- -----------It does not matter
Won’t BCIS automatically change my processing center from Vermont to Nebraska without me even requesting it since my state of employment changed.
------ No, they may not transfer the file, it is good for you if it remain with VSC. you or your lawyer should NOT request I-485 file transfer to NSC. file/renew your EAD/ AP from VSC and send EAD AP application to VSC only


5). Can I transfer my H1B to the new company? If so does the new company have to do anything?

----- it is in your intrest, let new company file H1to H1 transfer with recent pay stubs, they day H1transfer is filed and you get H1transfer filing reciept you can join new employer ( make sure the new company lawyer file H1 TRANSFER and NOT Fresh NEWH1) your new company need to get newLCA for you and it is fax back system lawyer can get LCA for you in 2-3 days and then they fill up I-129 and attach LCA for you AND copy of 2-3 recenent paystubs and will file H1 Transfer the day you get H1 transfer filing reciept join new employer
REPLY: Can I use my EAD if the H1 transfer does not work? If I can what is process for that? Do I have to notify the service center again?
-------- you can use EAD just fill up I-9 form with new employer. It is better to be on H1 becase if any problem with I-485 you will have H1 status to stay in US. if you maintain H1 status you are also eligble to file 7th year H1 if you are hiting 6 year. if you work or use EAD you will NOT be on H1 and always need valid AP in hand before departing from US and no H1 extensions in future. if you maintain H1 you can bring your spouse after marriage to US and can file her I-485 before your I-485 gets approved. for H1 transfer new employer /lawyer will get NEW LCA for new location and it is fax back system and they will get LCA in 2-3 days then they need to file Form I-129 and LCA with your recent pay stubs with USCIS and they day you get H1 transfer filing reciept from USCIS you can join the new Employer. make sure the new layer file H1to H1 TRANSFER and should NOT file NEW FRESH H1.

Thank you

- P
Click to expand...
 
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Ginu:

Seems like the H1 transfer will be a lot of work for the new company. They do not take internationals normally... I am able to make it because my old manager works there now. Besides I will be using my current lawyer for filing papers with BCIS. Since this a my own laywer I am not quite sure how comfortable the new company with be working with him to file the LCA & I-129.

Therefore the only option left will be to work on an EAD.

1). However, is there a problem in renewing EADs i.e before my EAD expires in Feb 2005, can I apply for a renewal?

2). Is there a potential for a problem there?

3). Also, how long before my current EAD expires should I apply for a new one?

4). For renewing my EAD, do I use the same form that I used when I initially applied for an EAD or is there a different form for EAD renwals?

5). Finally, I am planning to move my residence in the next couple of weeks however, I don't know what my new address is going to be just yet. Can I apply for an AP and put my sister-in-law's address on it.

Thanks as always.

Regards

- P
 
Originally posted by pukhtoon101
Ginu:

Seems like the H1 transfer will be a lot of work for the new company. They do not take internationals normally... I am able to make it because my old manager works there now. Besides I will be using my current lawyer for filing papers with BCIS. Since this a my own laywer I am not quite sure how comfortable the new company with be working with him to file the LCA & I-129.
------That is not a problem any lawyer can get them LCA and they have to just sign I-129.
Therefore the only option left will be to work on an EAD.

1). However, is there a problem in renewing EADs i.e before my EAD expires in Feb 2005, can I apply for a renewal?
------- Send EAD renewal 6 months advance of EAD expiry date. you will also need valid AP in hand if any emergency travel, apply for AP now
2). Is there a potential for a problem there?
------NO problem, But I prefer to be on H1 status
3). Also, how long before my current EAD expires should I apply for a new one?
-----^ months advance to be safe
4). For renewing my EAD, do I use the same form that I used when I initially applied for an EAD or is there a different form for EAD renwals?
---FORM I-765
5). Finally, I am planning to move my residence in the next couple of weeks however, I don't know what my new address is going to be just yet. Can I apply for an AP and put my sister-in-law's address on it.
---- you have 2 options:
1. Apply AP through lawyer(he will charge for AP filing)
2. Apply AP AFTER you move with new home address

Thanks as always.

Regards

- P
Click to expand...
 
sample letters ...

Wow. Ginnu, I am sure you are providing relief to many anxious applicants such as me. Thx for all the help.

Q 1. Can someone post sample letters that were prepared for this situation ?

I am in a similar boat wherein Ive changed employers using AC 21 after 18 months of filing my I-485 from CSC. I used to work for an employer in CA but now moved to NC. I am hoping that the case does not get transferred from CSC to TSC.

Q 2. Interestingly, although I work out of a branch office in NC, my new employer is headquartered in CA. Is this reason enough not to transfer the case to a different service center ?

Q 3. My spouse is a dependent. Do I have to file a separate AR-11 for my spouse as well ?

Thx
 
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Can I make the move to the new company using AC21?

I think you can, nothing wrong changing your empolyer once your I140 is approved and >180 days from the I485 ND.

2). If so, do I have to notify BCIS of the move before hand, or should I wait for an RFE?
You don't have to notify USCIS as long as you don't receive any RFE.

3). The new salary is expected to be atleast 10% more than the amount that was on my labor. Is that going to pose a problem?

Thats fine.

4). My case is currently being processed in the Vermont Service Center. Since the new company is Michigan which is processed through Nebraska. Will my case me automatically moved from Vermont to Nebraska? If so what impact will that have on thr processing time and approval of my I-1485?

I am not sure about this !

5). Can I transfer my H1B to the new company? If so does the new company have to do anything?
you can use EAD if you have one or you can transfer H1, but it doesn't matter.

6). What documentation will be needed to file AC21?
I am not sure!
Comapny can't revoke your approved I140.
I spoke to an immigration officer couple of days back regarding changing GC sponsoring empolyer, he told me that "once you have approved I140 and your ND date of I485>180 days your are fine with changing employer".

BUT STILL I AM NOT AN ATTORNEY, PLEASE BE ADVICE BY AN ATTORNEY!!!!!
 
Gumnaam:
AR-11 is for each individual and it has nothing to do with GC. All non-citizens must file it.
Transfer: Some cases get transferred due to job/address change some don't. The choice is not yours. Most cases do not get transferred.
 
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