Need info about AC21

S

singamalai

New Member
Guys Please welcome me in this portal.

I had applied for my GC in Dec 2002 thru one employer. Lawyer says its on EB2 but i dont know since no where in GC its mentioned. My labor approved in July 2004. Employer filed for 140 and 485 concurrently in Dec 2004. 140 cleared in Feb. Now Employer is asking me to leave.

Here are my questions
My labor was filed saying they will pay me around 72K. as of now they are paying about 50K per annum. if i change my Job and the new employer pays only say 50/55 K does INS will deny my case?? What is RFE which I read in almost every thread?? What should I ask my new employer so that my GC process does not get stuck at any point of time?? I am really dumb on such things and pls pls do understand that you are replying to a newbie completely.Does filing AC21 means just writing a letter to USCIS??

Thx for your replies.
singamalai
 
singamalai said:
Guys Please welcome me in this portal.

I had applied for my GC in Dec 2002 thru one employer. Lawyer says its on EB2 but i dont know since no where in GC its mentioned.
-----no where in GC its mentioned EB2, what do you mean by that statement? do you have GC in hand??
My labor approved in July 2004. Employer filed for 140 and 485 concurrently in Dec 2004. 140 cleared in Feb. Now Employer is asking me to leave.
----- you need I-485 pending for 180 days and I-140 approved, if your I-485 filing from reciept date hits 180 days then ONLY you are eligible to use AC21 letter of new employer with same/similar job duties to USCIS with letter that you have changed the intent and send new employer letter +copy of I-485 to service center where your I-485 is pending. if your I-485 has NOT hit 180 days then employer CAN revoke the I-140 and you will not be eligible to use AC21
Here are my questions
My labor was filed saying they will pay me around 72K. as of now they are paying about 50K per annum. if i change my Job and the new employer pays only say 50/55 K does INS will deny my case??
--no problem with salary
What is RFE which I read in almost every thread??
-Request for further Evidence
What should I ask my new employer so that my GC process does not get stuck at any point of time??
---- Provide you new permanent job offer letter in same/similar job duties so that you can use AC21
I am really dumb on such things and pls pls do understand that you are replying to a newbie completely.

Does filing AC21 means just writing a letter to USCIS??
--- Your Intent change letter+ New employer letter with same/similar job duties as on your approved LC+ I-485 filing reciept copy should be sent to service center where your I-485 is pending( send it with certified return reciept)
Thx for your replies.
singamalai
Click to expand...
 
Last edited by a moderator:
singamalai,
Even with a 140 approved, I've heard of instances where the ability to pay is revisited after changing employers and at the point of adjudicating the 485. Obviously, try to get the $72K from the new employer to cover yourself. What I think Ginnu meant to say that you should ask your "former" employer "NOT to Revoke the I-140..." I would also try to transfer your H1B to the new employer (not using EAD) and ask them to put in writing that they will sponsor a new GC application should your current GC petition be denied for any reason.
 
salary should not matter.

my salary was 22% less than the original salary mentioned in LC. But I did change location and moved to a lower cost of living city.
 
thx for the reply ginu. what i meant was no where in the petetion of labor for GC it was mentioned that it was on EB2 or EB3. how do i find out how it was filed??

also are there any cases that after 6 months (my current employer agreed to keep me until july) if someone is benched or laidoff and just keeps quiet and got his/her GC??

my idea is to catch hold of some desi dalal and struck a deal with him to continue my emp in the same lines where the labor is filed and take whatever he gives. for eg: i do sys admin job but my gc was filed for something like programming etc., so an american company (especially big ones) might not give same job description what was there in the petetion!!!!

i looked into processing time and it says 485 is running march 2004 as of today. that means i have to wait atleast another 9 months!!
 
singamalai said:
thx for the reply ginu. what i meant was no where in the petetion of labor for GC it was mentioned that it was on EB2 or EB3. how do i find out how it was filed??
----- do you have copy of I-140 approval ? if yes then write what is wriiten on it in upper right side it will start with :
notice type:
Section:..............
also are there any cases that after 6 months (my current employer agreed to keep me until july) if someone is benched or laidoff and just keeps quiet and got his/her GC??
--yes
my idea is to catch hold of some desi dalal and struck a deal with him to continue my emp in the same lines where the labor is filed and take whatever he gives. for eg: i do sys admin job but my gc was filed for something like programming etc., so an american company (especially big ones) might not give same job description what was there in the petetion!!!!

i looked into processing time and it says 485 is running march 2004 as of today. that means i have to wait atleast another 9 months!!
Click to expand...
 
Also another doubt.

i met a guy who said will help me in getting employment and filing for AC21. But his company is in another State. will it matter while i file for AC21??

ginnu asked
do you have copy of I-140 approval ? if yes then write what is wriiten on it in upper right side it will start with :
notice type:
Section:..............

>>i have the approval notice with me but dont see those items
 
singamalai said:
Also another doubt.

i met a guy who said will help me in getting employment and filing for AC21. But his company is in another State. will it matter while i file for AC21??

ginnu asked
do you have copy of I-140 approval ? if yes then write what is wriiten on it in upper right side it will start with :
notice type:
Section:..............

>>i have the approval notice with me but dont see those items
Click to expand...
----- upper left calumn has reciept nomber
you will find reciept date:...... then at right upper has case type I140, immigration petition

then prority date...... then petitiner( your employer company name)
then you will find notice date..... beneficiary.... your name
then you find your company name on left side
and Right side is NOTICE TYPE: approval notice
section: write what is wrriten in that calumn
 
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