Notes on AC 21 : Useful information for all

[HaraKad]

Hi All,

I have summarised the AC 21 key points after reading all the posts. Please feel free to add/modify it since it will benefit everybody.



1. Keep Employer in good terms

2. Invoke AC 21 before old employer does anything (Even if the old employer attempts to withdraws I 140 you are still safe as long as AC 21 has been invoked first by you)

3. .Job profile mentioned in LC should be more or less same in the new company

4. Preferably dont move out of service center (where 485 has been filed)

5. Salary requirements:20 to 25% hike is acceptable. Not more

6. Get a new lawyer to file AC 21

7. File G28 if hiring a new lawyer.

8.It is good practice to notify immigration of the change, but you are NOT required

9. The role of new company is to provide EVL to show the job is similar. The new company should provide supporting documents such as ability to pay etc incase if USCIS requests any RFE.

10. You can be self employed as long as you can furnish authentic facts/documents in case of an RFE.

11. AC 21 can be invoked multiple times.

 

[apol]

I agree with your points..but let me explain my exp

--1. Keep Employer in good terms

Apol : I had very good terms .....worked for them 5 1/2 years..trained so many people..made them a vendor to most of my clients....but he back stabbed...he revoked and applied to somebody...it is a desi company...you know his response was when i asked him about 140 revoke..."as you have AC-21 right ..we have revoke right to reapply to somebody else...."

what is the point of good terms...let those bastards go hell.. I wouldnt worry about having good terms with ex-employers esplly desi employers....

---2. Invoke AC 21 before old employer does anything (Even if the old employer attempts to withdraws I 140 you are still safe as long as AC 21 has been invoked first by you)

Apol : That is a safest thing but definitely thru Attorney (That is what my HR and new immigration attroney suggested ) ..Even then there is no guarantee that they would not issue a NOID.. THAT IS THE GREAT USCIS becuase they issued NOID twice on my case....

---3. .Job profile mentioned in LC should be more or less same in the new company
-- Yes

---4. Preferably dont move out of service center (where 485 has been filed)

Apol: I dont think that would be a problem..as I checked with Attorney , worst case they move your file to that service center or local center..

--6. Get a new lawyer to file AC 21

apol: you are 100% right...best practice

--7. File G28 if hiring a new lawyer.
Apol : Yep..

 

[bondk]

Hi all,

Your points are really helpfule. But to invoke AC21 is it necessary to have 140 approval notice copy? My employer does not provide me a copy of 140 notice claiming that the notice is employer's property. But I have 140 receipt notice number. With receipt number , after 140 approval and 6 months after 485 filing can I invoke AC21?
Please advise

Thanks

 

[GreenCardVirus]

Apol : I had very good terms .....worked for them 5 1/2 years..trained so many people..made them a vendor to most of my clients....but he back stabbed...he revoked and applied to somebody...it is a desi company...you know his response was when i asked him about 140 revoke..."as you have AC-21 right ..we have revoke right to reapply to somebody else...."

I agree. Though I maintained good relationship, I know they were going to do this. Did not expect much anyway, so no dissapointments.

 

[TheRealCanadian]

But to invoke AC21 is it necessary to have 140 approval notice copy?

Not at all. If you have the petition number you'll be fine. USCIS should be able to pull that out of your A-file anyways, but it never hurts to remind them in case they lose track of it.

 

[HaraKad]

Hi all,

Your points are really helpfule. But to invoke AC21 is it necessary to have 140 approval notice copy? My employer does not provide me a copy of 140 notice claiming that the notice is employer's property. But I have 140 receipt notice number. With receipt number , after 140 approval and 6 months after 485 filing can I invoke AC21?
Please advise

Thanks

From whatever I have been reading, only after 6 months of filing 485 notice you are eligible for AC 21.

Regarding the copy of 140 i am not too sure. Experts can you please respond?

 

[HaraKad]

I agree with your points..but let me explain my exp

--1. Keep Employer in good terms

Apol : I had very good terms .....worked for them 5 1/2 years..trained so many people..made them a vendor to most of my clients....but he back stabbed...he revoked and applied to somebody...it is a desi company...you know his response was when i asked him about 140 revoke..."as you have AC-21 right ..we have revoke right to reapply to somebody else...."

what is the point of good terms...let those bastards go hell.. I wouldnt worry about having good terms with ex-employers esplly desi employers....

[/B]

so what happened to your GC process? Doesnt that put your case in jeopardy?
Please let us know so that we all understand the risks involved in AC 21.

Thanks.

 

[newbies]

I agree with your points..but let me explain my exp

--1. Keep Employer in good terms

Apol : I had very good terms .....worked for them 5 1/2 years..trained so many people..made them a vendor to most of my clients....but he back stabbed...he revoked and applied to somebody...it is a desi company...you know his response was when i asked him about 140 revoke..."as you have AC-21 right ..we have revoke right to reapply to somebody else...."

what is the point of good terms...let those bastards go hell.. I wouldnt worry about having good terms with ex-employers esplly desi employers....

Wrong for US companies. My current company and previous one (and some other companies I know) honor immigration process. Their policy is not withdraw any applications after it applied (NOT USE ANY COPY OF approved LC for sub , only Orignal one ) and answer to any RFE on those on their permit but of course not pay for attorney after beneficial left the company.

 

[apol]

HaraKad

Responded to NOID...then after two months applied 2nd APs and 2nd Eads were approved ...lately in dec 3rd EADs were approved...

now stuck in retrogression....

Attorney said that it is not uncommon with USCIS sending NOIDs twice though you submit AC-21....

We'll definitely update you guys....

Apol