No ETA documents, AC21 portability after 200 days

[simpleman1971]

Hello All,

i just became a member here. Here is my big question. My I140 is approved a year back and i filed 485 and just reveived receipts. i would like to use AC21 after 200 days from the receipt date.

I dont have the copies of ETA.... but all along my employer used the job description as Programmer Analyst. I have the job description from LCA that my current employer used and my employer is not going to provide any copies of ETA ... for sure.

I just got a permanent job offer from a well reputed Company as ANALYST PROGRAMMER and the company is ready to wait for the 180 days mark.

I like to use the job description from LCA and invoke AC21 after 200 days of pending 485 receipt date.

Question is can i go ahead and use the job description from LCA and switch to new employer or not?

Regards,

simpleman1971

 

[TheRealCanadian]

I like to use the job description from LCA and invoke AC21 after 200 days of pending 485 receipt date. Question is can i go ahead and use the job description from LCA and switch to new employer or not?

Sure. Programmer/Analyst is pretty general. So long as you are doing software development, you should be fine.

 

[simpleman1971]

AC 21 approved

Thank you for the quick reply. in the threads it was mentioned that AC21 is not an application but few people in the thread did mention that their AC21 was approved, what does it mean! did they get some kind of confirmation letter or something from USCIS or the concerned department saying you are good go ahead??

 

[simpleman1971]

cancel labor or 140 after 200 days?

Sure. Programmer/Analyst is pretty general. So long as you are doing software development, you should be fine.

when i opt AC21 after 200 days from the receipt date, is it possible to cancel the labor and 140 after receiving the EAD's and receipt notices for finger prints.

Somebody at work saying employer can cancel the labor and raised lots of questions so.....

Thanks in advance for any responses.

simpleman

 

[TheRealCanadian]

when i opt AC21 after 200 days from the receipt date, is it possible to cancel the labor and 140 after receiving the EAD's and receipt notices for finger prints.

The employer can withdraw the approved I-140; at that point USCIS issues a Notice of Intent to Deny and gives you 30 days to prove AC21 eligibility. You respond, and all is good.

 

[chitti007]

I have heard of cases where after an applicant changes job, the former employer withdraws the I-140 as result of which USCIS send notice of intent to deny. But USCIS sent the notice to the attorney on file with the last application, that attorney did not bother to look at it or did not bother to send the NOID to the applicant.
The applicant never knew of the NOID and no response was made to it. USCIS denied the petition.

Please take steps to get such RFEs, NOIDs etc that go to the former attorney.

 

[helpme123]

Hi,

chitti007 said that "heard......".

Can someone who has gone through the scenario (exactly what Chitti007 says) please come forward and post your experience. It will help many of us reading this forum. PLEASE....