Please Advise

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kppr

Registered Users (C)
I would appreciate if one of the many knowledgeable folks out there can clarify a question I have on AC-21 law.

Quick Background:

Labor Substitution/I-140/I485/EAD/AP concurrently filed in the end of July 2004.
EB3 category
I140 - Approved in October 2004.

Q. Considering that I am a concurrent application filer AND having used a labor substitution, am I eligible for job portability using AC-21, now that I140 is approved and 180 days would have passed in Jan 2005?

In other words, does concurrently filed application and/or labor substitution limit one from using AC-21?

Thanks
 
You can change job after 180 of filing 485, it is not dependent on Labor Substitution etc. Since it is based filing date of 485 only.
You can change job after Jan 2005.


kppr said:
I would appreciate if one of the many knowledgeable folks out there can clarify a question I have on AC-21 law.

Quick Background:

Labor Substitution/I-140/I485/EAD/AP concurrently filed in the end of July 2004.
EB3 category
I140 - Approved in October 2004.

Q. Considering that I am a concurrent application filer AND having used a labor substitution, am I eligible for job portability using AC-21, now that I140 is approved and 180 days would have passed in Jan 2005?

In other words, does concurrently filed application and/or labor substitution limit one from using AC-21?

Thanks
Click to expand...
 
Thanks Con_File_Feb, appreciate your reply.

One more follow up question;

1) What documents do I need to have on me or are required to be submitted to INS to be able to use AC-21?

Since I am a beneficiary of Labor Sub., I do not have a copy of original labor neither do I have a copy of immigration petition filed by the lawyer (since he is company's lawyer).

I do, however, have copies of Receipt notice of I1485 etc. and a copy of an approved I140. Will these suffice or do I need to have copies of original labor/immigration petition filed by company's lawyer etc.? Any other documents required?

Would appreciate your valuable input.
 
kppr said:
Thanks Con_File_Feb, appreciate your reply.

One more follow up question;

1) What documents do I need to have on me or are required to be submitted to INS to be able to use AC-21?
------- Future permanent job offer letter from new comany with same /similar job duties as on past LC+ your I-485 filing reciept copy+ 3-4 pay stub copy
Since I am a beneficiary of Labor Sub., I do not have a copy of original labor neither do I have a copy of immigration petition filed by the lawyer (since he is company's lawyer).
---LC or I-140 petition not needed to use AC21
I do, however, have copies of Receipt notice of I1485 etc. and a copy of an approved I140.
--- read above
Will these suffice or do I need to have copies of original labor/immigration petition filed by company's lawyer etc.? Any other documents required?
------ on your LC approved in form ETA750A in item 13 are the job duties, if you can get that approved Copy of ETA750A from comany lawyer or employer then it will help you to write the SAME job duties on AC21 letter, if you remember the job duties then you dont need LC copy
Would appreciate your valuable input.
Click to expand...
 
Ginnu and other knowledgeable folks -

Given my details as above, I have a couple of questions:

1) Say I work for company A and recently company B has merged with company A taking over the goodwill of company A. In other words, Company B is now the parent company. In such as scenario, I just want to confirm that I can still use AC-21 to move to company C (as mentioned above, my I140 has been approved and I485 would be outstanding for 6 months in the end of Jan 05).

2) Is it true that during the final stages of I485 approval, INS sends a letter of intent to hire or some type document to the original sponsoring employer asking to confirm that the company is still willing to hire that person and based on the company's reply they either approve or disapprove I485 petition?
 
kppr said:
Ginnu and other knowledgeable folks -

Given my details as above, I have a couple of questions:

1) Say I work for company A and recently company B has merged with company A taking over the goodwill of company A. In other words, Company B is now the parent company. In such as scenario, I just want to confirm that I can still use AC-21 to move to company C (as mentioned above, my I140 has been approved and I485 would be outstanding for 6 months in the end of Jan 05).
---you can join C and use AC21
2) Is it true that during the final stages of I485 approval, INS sends a letter of intent to hire or some type document to the original sponsoring employer asking to confirm that the company is still willing to hire that person and based on the company's reply they either approve or disapprove I485 petition?
------ I-485 is filed by you and if any RFE for I-485 it will be sent to your Lawyer who filed I-485 or if you filed directly it will come to you, generaly they dont send any letter to employer for I-485, in your situation you will inform the USCIS with company C future job offer letter that you want to use AC21
QUOTE]
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