pl help for AC21

S

skusa

Registered Users (C)
I changed job a couple months back with I-485 pending for over 1.5yr and my I140 is now approved,I want to file AC21 is there any specific form that to fill? or have to send a letter along with change of address and new employement letter.

pl help
 
They put a covering letter mentioning clause under which you are changing the job along with employment letter.

Usually attorneys add extracts of AC-21 and other related memos as appendix.
 
thank
Is it necessary and must to hire attorney for AC21? or I can write the letter and send by myself?
pl suggest
thanks
 
shanmugam1174 said:
When I-140 pending for more than 6 months , can the employer withdraw the I-140 Petition ?
---YES, if I-140 is not approved AND I-485 filing does not hit 180 days
Thanks
Click to expand...
 
shanmugam1174 said:
When I-140 pending for more than 6 months , can the employer withdraw the I-140 Petition ?

Thanks
Click to expand...


I-140 is the Employer Petition and if they want, they can withdraw or revoke at ANY TIME. But revoking or withdrawing happens after 180 days of I-485 pending, then it does not matter to the I-485 applicant.

naanshi
 
skusa said:
thank
Is it necessary and must to hire attorney for AC21? or I can write the letter and send by myself?
pl suggest
thanks
Click to expand...


I did it myself. Not sure if that was right or wrong. I'll keep you updated though. I was a bit hesistant to pay the 1500USD that the attorney quoted. Hence did it myself.
 
to naanshi and ginuu

folks,

do you both mean that if I485 AND I140 both are pending for 180+ days, then the employer looses control over I140?
If so, then the employer cannot withdraw (revoking is NOT applicable at this time since I140 is pending) I140 without affecting I485?

I am curious to know where did you get this info?

If all of the above is true, then AC21 can be used once I140/I485 are pending 180+ days?
Pl. reply.
thanks!
 
do you both mean that if I485 AND I140 both are pending for 180+ days, then the employer looses control over I140?

***** I mean Yes, If I485 AND I140 both are pending for 180+ days, then the employer looses control over I140. That was the main purpose of AC-21 Law. I-485 Applicant is free to work for anybody, if USCIS takes more than 180 days to process the I-485 case. Nowhere it says I-140 must be approved. (I am sure, Ginnu will not agree with me in this)


If so, then the employer cannot withdraw (revoking is NOT applicable at this time since I140 is pending) I140 without affecting I485?

****As I said earlier, Employer can withdraw at any time and use the approved labor for some one. But if that happens after 180 days of I-485 pending,then the I-485 processing will be continued regularly. USCIS will send NOID letter, if the applicant did not submit AC21 letter.


I am curious to know where did you get this info?

*** From my attorney, company attorney and from some immigration lawyer's websites


If all of the above is true, then AC21 can be used once I140/I485 are pending 180+ days?

*** According to my attorneys and me, the answer is Yes. Remember, no where in AC21 Law or Memo, it is written if you use AC21 without I-140 approval, your case will be denied.


These are my views about AC21 and I may be completely wrong.


naanshi.
 
aws said:
folks,

do you both mean that if I485 AND I140 both are pending for 180+ days, then the employer looses control over I140?

----NO, I say I-140 APPROVED AND I-485 pending 180 days, then employer cannot revoke or withdraw the I-140

If so, then the employer cannot withdraw (revoking is NOT applicable at this time since I140 is pending) I140 without affecting I485?

I am curious to know where did you get this info?

take the printout of USCIS latest MEMO regarding AC21 or I-140 and read it 2-3 times:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html




If all of the above is true, then AC21 can be used once I140/I485 are pending 180+ days?
---- AC21 can be used if I-140 is APPROVED and I-485 is pending more than 180 days and you find future permanent job in same/smilar skills or job duties as on approved LC from past employer
Pl. reply.
thanks!
Click to expand...
 
naanshi said:
do you both mean that if I485 AND I140 both are pending for 180+ days, then the employer looses control over I140?

***** I mean Yes, If I485 AND I140 both are pending for 180+ days, then the employer looses control over I140. That was the main purpose of AC-21 Law. I-485 Applicant is free to work for anybody, if USCIS takes more than 180 days to process the I-485 case. Nowhere it says I-140 must be approved. (I am sure, Ginnu will not agree with me in this)
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
read page 5

20.2 Petition Validity.
(c) Validity after Revocation or Withdrawal. Pursuant to the provisions of section 106(c)
of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law
106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
$ A Form I-485, Application to Adjust Status, on the basis of the EB immigrant
petition has been filed and remained unadjudicated for 180 days or more; and
$ The new job is in the same or similar occupational classification as the job for
which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and
remained unadjudicated for 180 days or more (as measured from the form I-485 receipt
date), the approved Form I-140 will remain valid even if the alien changes jobs or
employers as long as the new offer of employment is in the same or similar occupation.
If the Form I-485 has been pending for less than 180 days, then the approved Form I-
140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the
date that the Form I-485 has been pending 180 days, the approved Form I-140 shall
remain valid under the provisions of §106(c) of AC21. It is expected that the alien will
have submitted evidence to the office having jurisdiction over the pending Form I-485
that the new offer of employment is in the same or similar occupational classification as
the offer of employment for which the petition was filed. Accordingly, if the underlying
approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new
qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to
Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new
qualifying offer of employment submitted in response to the Notice of Intent to Deny is
timely filed and it appears that the alien has a new offer of employment in the same or
similar occupation, the BCIS may consider the approved Form I-140 to remain valid with
respect to the new offer of employment and may continue regular processing of the
Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not
established that the new offer of employment is in the same or similar occupation, the
adjudicating officer may immediately deny the Form I-485. If the alien does not respond
or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may
immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before
the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no
longer valid with respect to a new offer of employment and the Form I-485 may be deniedIf so, then the employer cannot withdraw (revoking is NOT applicable at this time since I140 is pending) I140 without affecting I485?

****As I said earlier, Employer can withdraw at any time and use the approved labor for some one. But if that happens after 180 days of I-485 pending,then the I-485 processing will be continued regularly. USCIS will send NOID letter, if the applicant did not submit AC21 letter.


I am curious to know where did you get this info?

*** From my attorney, company attorney and from some immigration lawyer's websites


If all of the above is true, then AC21 can be used once I140/I485 are pending 180+ days?

*** According to my attorneys and me, the answer is Yes. Remember, no where in AC21 Law or Memo, it is written if you use AC21 without I-140 approval, your case will be denied.


These are my views about AC21 and I may be completely wrong.


naanshi.
Click to expand...
 
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My view in this...

This memo talks about the Validity of Approved I-140 petition after Revocation or Withdrawal. Not the eligibility of using AC21.
 
naanshi said:
My view in this...

This memo talks about the Validity of Approved I-140 petition after Revocation or Withdrawal. Not the eligibility of using AC21.
Click to expand...
If I-140 is not valid how come I-485 will stand?
 
naanshi said:
My view in this...

This memo talks about the Validity of Approved I-140 petition after Revocation or Withdrawal. Not the eligibility of using AC21.
Click to expand...
--
http://www.murthy.com/news/UDportme.html

If the I-140 is revoked prior to the 180-day point or prior to approval of the I-140 petition, then the I-140 petition is no longer valid and the I-485 will have no basis for approval under AC21.

** for more info poster should discuss with other good lawyer if does not agree to Murthy Interpretition of this AC21 Memo and does not belive the august 2003 AC21 Memo and should contact INS H.Q or better belive in his/her own Interpretition.
Good Luck!!
 
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ginnu said:
--

1. If the I-140 is revoked prior to the 180-day point or
2. prior to approval of the I-140 petition,

then the I-140 petition is no longer valid and the I-485 will have no basis for approval under AC21.

!
Click to expand...

I fully agree with point number 1. But where is point number 2 written in AC21 law or memo, other than in an attorney's website??

naanshi
 
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naanshi,

i agree with you that even i did not find point no.2 mentioned as its in the memo, however, it is mentioned in the article by murthy.

so, i guess you are still firm with your opinion that after 180+ days, employer will loose control over I140.......pl. confirm!
also, you mentioned earlier reading this at some attorney's website, can you provide me that link or web address?

(btw, i wrote u twice on ur e-mail, pl. reply me back!)
thanks!
 
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