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Grandhipal

Registered Users (C)
Hi,
I got confused after going thru few of the threads. Here is my situation: I had to leave my current job/employer today and since this is with a big company, they will file to revoke I140 (which was approved a couple of months ago). 485 has been pending for a little over 180 days. Now I found a new employer with similar job description but how do I go about getting 485 approved if my previous employer revokes 140? I thought that it is a requirement to have 140 approved at the time of approving 485. Isn't that so?
I am planning to file for AC21 tomorrow. What else should I do?

An urelated question: 6 years on my H1 was completed in July 2005 and I filed for 7th year extension just a little before that. However I had to leave the job even before that extension came approved thru. Even though I have EAD, I did not do any paper work to start using it. Am I out of status for the time I worked for previous employer since my H1 (6 years) expired?

Thanks!
 
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Grandhipal said:
Hi,
I got confused after going thru few of the threads. Here is my situation: I had to leave my current job/employer today and since this is with a big company, they will file to revoke I140 (which was approved a couple of months ago). 485 has been pending for a little over 180 days.

Now I found a new employer with similar job description but how do I go about getting 485 approved if my previous employer revokes 140?
------------ you are eligible for AC21 as you have I-140 approved and I-485 pending more than 180 days. file the AC21

I thought that it is a requirement to have 140 approved at the time of approving 485. Isn't that so?
--------------AC21 will take care of that even if the past employer revokes I-140
I am planning to file for AC21 tomorrow. What else should I do?
--------------file AC21 ( new employer permanent job offer letter+copy of I-485 filing reciept+ cover letter to invoke AC21, keep the copy of each letter that you send to USCIS and mail it with certified mail)
An urelated question: 6 years on my H1 was completed in July 2005 and I filed for 7th year extension just a little before that. However I had to leave the job even before that extension came approved thru.
Even though I have EAD, I did not do any paper work to start using it.
----------- if you use EAD then nothing to do just fill up form I-9 it is for employer HR and is not sent to USCIS
Am I out of status for the time I worked for previous employer since my H1 (6 years) expired?
-----------No, as you filed H1 extension BEFORE your I-94 expiry date and still pending and you have also I-485 pending(AOS status)
*** if your H1 is still pending then go to good lawyer with H1 filing reciept and lawyer can ammend the pending h1 for new Employer, seek legal advice, it is better to be on H1 status.


Thanks!
Click to expand...
 
ginnu,

If my employer revokes my I-140 before I file for AC-21, what are my options??? Say, he revokes the I-140 today and I join a new company 2 weeks from now, can I file my AC-21 then and still get a I-485 approval?

Thanks
 
cooldude2k4 said:
ginnu,

If my employer revokes my I-140 before I file for AC-21, what are my options???

Say, he revokes the I-140 today and I join a new company 2 weeks from now, can I file my AC-21 then and still get a I-485 approval?
--------------yes
Thanks
Click to expand...
 
thanks. How much time do I have to file for AC-21 after he has revoked (I'm just assuming this revocation, since I have a LUD on my approved I-140)
 
cooldude2k4 said:
thanks. How much time do I have to file for AC-21 after he has revoked (I'm just assuming this revocation, since I have a LUD on my approved I-140)
Click to expand...
------ file the AC21 ASAP
 
How much does it cost?

Hi,
Now that I had to leave my previous employer who filed for GC and am still looking for jobs/consulting firms (before filing for AC21), I just want to get an idea about how much it costs for the rest of the GC processing. Previous employer was a big company who took care of all the visa issues thru a third party lawyer. 140 approved and 485 applied over 6 months ago. However I still have 4+ years wait due to retrogression. I plan to talk to an immigration attorney and sign G-8 (or is it G-28) form so that any updates, NOIDs etc (if any) are sent to the new lawyer. Can any one give me an estimate on how much this costs towards lawyer fees and what are involved? I understand that I can renew EAD/AP on my own every year.
Thanks!
 
Grandhipal said:
Hi,
Now that I had to leave my previous employer who filed for GC and am still looking for jobs/consulting firms (before filing for AC21), I just want to get an idea about how much it costs for the rest of the GC processing. Previous employer was a big company who took care of all the visa issues thru a third party lawyer. 140 approved and 485 applied over 6 months ago. However I still have 4+ years wait due to retrogression. I plan to talk to an immigration attorney and sign G-8 (or is it G-28) form so that any updates, NOIDs etc (if any) are sent to the new lawyer. Can any one give me an estimate on how much this costs towards lawyer fees and what are involved? I understand that I can renew EAD/AP on my own every year.
Thanks!
Click to expand...
------------ I think you just need to hire YOUR lawyer to file AC21 and to reply any RFE or NOID in future. if that is correct then once you join new employer you can use that company lawyer or hire your Lawyer. just to file AC21 the lawyer may charge 500 to 700.You can also file AC21 without any lawyer help and can update USCIS that you revoke the G28 of past lawyer XYZ as he no more represent you and any Communication from USCIS should be sent to you directly on address….
for more info read below and read what is related to your situation:

1 file form AR11 for address change (if you change address)
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( if you have spouse I-485 pending He/she also need to change address on her/his I-485) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover letter so that you get fingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application)
4 if want to use AC21 THEN if the past company lawyer filed I-485 then better change your lawyer and fill up new form G28 with your new lawyer and he can update USCIS that he represent you and can mail G28 to sevice center, he can also make a request to chage your New address on Pending I-485 and he will get if any RFE/NOID, if you dont change any RFE will go to past lawyer
*** do the all 1,2,3,4
 
Ac21

I got an offer as Lead Systems Architect from one company. But when my company applied the labor they dont have any under DOT code as Systems Architect, so they applied for Systems Analyst which is closest to Systems Architect.

I am wondering is it ok to accept offer and apply AC21 using EAD, the new roles and responsibilites are same as Systems Analyst plus Architect roles, but the title is Lead Systems Architect.

Gurus please help me in this regard ASAP...


Thanks
Anil
 
What is AC 21 recaptures?

Hi,
While going thru some threads I came across the term "AC 21 recaptures" in the context of predicting how many visas are available for a given category in future. What is this? I thought AC21 visas are not tracked separately. It just depends on whethr those filers are EB1, EB2, EB3 etc. When filing for AC21, do they get processed differently and under different quota?
Thanks
 
Grandhipal said:
Hi,
While going thru some threads I came across the term "AC 21 recaptures" in the context of predicting how many visas are available for a given category in future. What is this? I thought AC21 visas are not tracked separately. It just depends on whethr those filers are EB1, EB2, EB3 etc.

When filing for AC21, do they get processed differently and under different quota?
------ NO, according to your PD they process
Thanks
Click to expand...
 
Similar situation

Hi Ginnu,

My situation very similar to grandhipal's. I am planning to file G28 tomorrow and 2 weeks from now file AC21.

Which is better among these two:
- Send a letter to USCIS asking them to revoke my current attorny and send communication to my home address
- File G28 thru a new attorney.
 
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