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

New (b) Employer should only check your valid EAD for all employment purposes. GC process from other company should not be their concern. You may require a Employment verification letter from them which can be a standard letter about you and your work. since you meet both the condition of AC21 you can switch any time.
 
Gappargappa said:
I never worked with CompanyA since my GC process started.
---- do you mean A filed LC and I-140 for you and that I-140 is approved Nov 04 ? and you filed I-485 in March 2004, if that is true then you are eligible to use AC21 and can change employer
CompanyA want me to transfer my remaining GC process to any other company.
------ what do you mean by saying A wants your remaining GC process to any other company?????. do you mean A dont have job for you or A is closing or YOU want to change employer??
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.
------- if you are with A on H1B then why A is saying you to transfer GC process to othercompany? and why you cant leave A till 2005???
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.
--- if you have valid EAD show them, why they need letter from Lawyer ? show them I-485 pending reciept and let them find from Company lawyer what is the meaning of pending I-485 and I-140 approved
lawyer is giving me hard time in issuing a letter.
----- why you need a lawyer letter? why the lawyer will give you a letter it is not needed. I think your new employer is..............
Please help me out by answering questions below:

1.Is this letter from lawyer really required to submit employer?
-------- NO , NO
2.How sooner I should join company B.
-- you can join B now with valid EAD or H1 transfer
Befor any RFEs?
----- what RFE? what kind of RFE you want or expect???
3.Do I have to inform BCIS soon after joining companyB? By AC21 or to keep quite until RFE or approval notice?
----- it seems you love RFE, if USCIS does not send RFE then what is your problem? join B with H1 transfer or EAD and ask B to provide you letter for future permanent job offer with Same/similar job duties as on approved LC of A and then send this letter to use AC21, you can inform USCIS once join B or inform after you get 1-2 pay stubs from B and send copy of 2-3 recent pay stubs copy with AC21 letter to USCIS

4.Any chances of getting RFE on I485 on salary or company change issues?

------ AC21 memo does not say anything about salary and you are eligible to use AC21 and can change job, RFE can be for any missing document, your past status , make sure your job duties are written same/similar on AC21 letter
Thanks,
An EAD Holder
 
Ginnu

Thanks for your reply. It is more informative.

CompanyA is closing, which i never worked with them.
I am on H1B for different company not on CompanyA. I can not leave untill Mar04.
RFE i mean any 485 enquiry or interview.

Gapp
 
Gappargappa said:
Thanks for your reply. It is more informative.

CompanyA is closing, which i never worked with them.
I am on H1B for different company not on CompanyA.
----- then use the AC21 letter of the Company you are working with and invoke AC21 if they are ready to give you future permanent job offer letter to use AC21
I can not leave untill Mar04.
------March 04 is Gone
RFE i mean any 485 enquiry or interview.
--if any RFe for I-485 then it will come to lawyer who filed your I-485, you can change your lawyer or keep him. if you get any RFe then reply the RFE. what is the problem? many get RFE and RFE simply means they need some document or info from your side.
Gapp
 
Sorry. I can not leave untill Mar05.
Thanks

Gapp

You cannot apply AC-21 AOS portability to future employment green card applications unless to decide to leave your current employer (non GC employer). This is because the commencement date of the employment in any AC-21 letter should be after 180 days from the filing of the 485 application - if not USCIS will deny your application
 
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