Never worked for sponsoring company; how do I use AC-21

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clueless_2

Registered Users (C)
I need you help.
I have never worked for my sponsoring company. I140 approved and I145 is pending for one year.
1. Can I use AC-21.
2. What documents I should send to USCIS
3. And when.

Thanks
 
clueless_2 said:
I need you help.
I have never worked for my sponsoring company. I140 approved and I145 is pending for one year.
1. Can I use AC-21.
2. What documents I should send to USCIS
3. And when.

Thanks
Click to expand...

It will regular Covering letter and an employment verification letter. Nothing will change even if you have never worked for the company. It should be treeted like regualr AC-21 case.
 
tammy2, how would one submit EVL if one has never worked for that employer? r u suggesting fake EVL's? I hope somebody dosent do
that and be candidate for fraud case.

remember W2[required for 485] has employers name.
what is RFE is issued asking for pay stubs from sponsoring
employer? No fake pay stubs please
 
Future Job?

I though that employment GC is for a future job. If that's the case, W2 may not be mandatory. Consider legal advice from a good professional.
 
elcid2000 said:
I though that employment GC is for a future job. If that's the case, W2 may not be mandatory. Consider legal advice from a good professional.
Click to expand...

I believe future employment means "future continued employment with sponsoring employer"...never heard of anybody sponsoring GC for non-working
employee
 
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clueless_2 said:
I need you help.
I have never worked for my sponsoring company. I140 approved and I145 is pending for one year.
1. Can I use AC-21.
2. What documents I should send to USCIS
3. And when.

Thanks
Click to expand...

Did the same company process your current H1? If so it is a tricky situation but hire a good lawyer and he will show a way to work around. If the I485 sponsoring co. did not process your current H1, you have nothing to worry about as I485 is for future employment. But in case of an RFE, he will have to give you a letter stating future per. employment. Good luck.
 
Hi Ginnu,

You mentioned that I should submit document when I join my new employer
<<---- when you join new employer and he gives you same/similar future permanent job offer letter">>


But-- I am not joining new employer and thinking of working at the current place. Current job is very similar to LC statement.
Does that change any thing in the equation?

Thanks for your help
 
fast_gc_seeker said:
tammy2, how would one submit EVL if one has never worked for that employer? r u suggesting fake EVL's? I hope somebody dosent do
that and be candidate for fraud case.

remember W2[required for 485] has employers name.
what is RFE is issued asking for pay stubs from sponsoring
employer? No fake pay stubs please
Click to expand...

Using AC-21 means he want to work for a different company one other than GC sponsoring company. Whichever company he joins he needs to submit the EVL from that comapny. If he is joing original sponcerer he does not need submit any thing as he will not be using AC-21. Where does fake document come into picture?
 
fast_gc_seeker said:
I believe future employment means "future continued employment with sponsoring employer"...never heard of anybody sponsoring GC for non-working
employee
Click to expand...

GC is always for future job. It was never required to work before approval. It is possible to get GC without working company. BCIS just requires intent from both employee and intended suitable position from employer. August 2003 memo clearly says that. A person can get green card without working for him. There are lot of examples on this web site.
 
clueless_2 said:
Hi Ginnu,

You mentioned that I should submit document when I join my new employer
<<---- when you join new employer and he gives you same/similar future permanent job offer letter">>


But-- I am not joining new employer and thinking of working at the current place. Current job is very similar to LC statement.
Does that change any thing in the equation?

Thanks for your help
Click to expand...

Since your current employer is not one who sponsored your GC you will be sending employment letter from your current employer. Although you never worked from company sponsored your GC you had intent of joining him. Now your intent changed. So you are using AC-21
 
tammy2, what I do not understand is that if you never work for the sponsoring company, what are you going to do if I140 RFE asks for paystubs? Also how about ability to pay issue? The company nevers pays you (just sponsor you), why did the company needs to prove ability to pay?
 
whorl1quote said:
tammy2, what I do not understand is that if you never work for the sponsoring company, what are you going to do if I140 RFE asks for paystubs?
Click to expand...

You give them what you have. Paystubs aren't just used for ability to pay, they are also used to determine maintenance of valid H/L/TN status.

Also how about ability to pay issue? The company nevers pays you (just sponsor you), why did the company needs to prove ability to pay?
Click to expand...

The sponsoring employer always must have the ability to pay you once the GC is approved. There are other ways of proving this, apart from already paying you the LC salary.
 
whorl1quote said:
are you guys saying even if the company is not paying me, it can still sponsor me?
Click to expand...

Obviously if you are not working for them they will not be paying you. Employer is sponsoring you for future job.
That is the reason layoff does not effect the GC processing unless employer revoke the I-140

Issue of ability to pay is totally different from this
 
Hi All,

I never worked with CompanyA since my GC process started.
CompanyA want me to transfer my remaining GC process to any other company.

I140 w RFE approved Nov, 04
I485 was filed Mar, 04
FP & LUD Nov, 04

I am working on H1B visa with original sponsored company. I can't leave his Co. till April 05.

CompanyB offered me a job with 20K less than the salary mentioned in LC with same title.
I agreed upon, but they asking me to get a letter from lawyer stating my GC current status.
lawyer is giving me hard time in issuing a letter.

Please help me out by answering questions below:

1.Is this letter from lawyer really required to submit employer?
2.How sooner I should join companyB. Befor any RFEs?
3.Do I have to inform BCIS soon after joining companyB? By AC21 or to keep quite until RFE or approval notice?
4.Any chances of getting RFE on I485 on salary or company change issues?
Thanks,
An EAD Holder
 
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