Question about using AC21

pb74

Registered Users (C)
I am reading all the views expressed in this forum. But some questions still remain unanswered.

1. I've approved I-140 and spent more than 180 days with GC sponsor. Looks like the way to exercise AC21 is to join new employer using EAD, and notify BCIS of new employer in case of RFE. Is that it?

2. When I'm with the new employer and need EAD renewal, won't BCIS ask about my employment information at the point of renewing EAD? Will AC21 adversely affect my EAD renewal?

3. Is it OK to change home address, or do we still hear about cases where GC approval was mailed to the old address!!

Any help is appreciated.
 
I am reading all the views expressed in this forum. But some questions still remain unanswered.

1. I've approved I-140 and spent more than 180 days with GC sponsor. Looks like the way to exercise AC21 is to join new employer using EAD, and notify BCIS of new employer in case of RFE. Is that it?
----- You can use AC21 and you can join by EAD or H1 transfer, you can inform USCIS with new employer future permanent job offer letter and your intent change letter, on the future job offer letter new employer/lawyer should write the same/similar skills or same job title that is on your approved LC. You can inform USCIS now or later if you get RFE ,but you must inform before I-485 approval because if I-485 is approved and you don’t inform, then you are supposed to work with the employer who filed I-140 after GC approval
2. When I'm with the new employer and need EAD renewal, won't BCIS ask about my employment information at the point of renewing EAD? Will AC21 adversely affect my EAD renewal?
------- No problem, EAD is based on pending I-485 and you need the I-485 filing receipt
3. Is it OK to change home address, or do we still hear about cases where GC approval was mailed to the old address!!
---- if you change address then file form AR11 and also update the NCSC on phone 1-800-375-5283. Provide them all the pending receipt # and A# (it is on I-485 receipt) also write a letter to USCIS with certified mail attach your I-485 pending receipt and request them to change your address on all pending applications or petitions with USCIS, provide your name, A# , DOB, I-485 #, past address and new address and out side the envelope write in big bold letters: ATTN: Address change
 
1. When it's time to renew the EAD, I hope BCIS doesn't question about present employer etc. How viable is it to present I-485 filing receipt from old employer and renew EAD to work for someone else? Does AC21 explicitely approve this?

2. Do we hear cases where the AC21 wasn't granted because the old & the new job descriptions differ a lot?

3. If I change lawyers at this stage (approved I-140 and 10 mths on I-485), will the new lawyer require any more information than my case number?
In the first place, is it good idea to still have a lawyer? What's the typical fees lawyers will charge at this stage?

Thanks in advance.
 
1.EAD has nothing at all to do with any employer- past/present/whatever.
2. Jobs should be similar. In this forum we have nor not heard of any rejections on AC21. Some had somewhat different job descriptions but went thru.
3. The new laweyr would need a copy of aproved labor and may also approved 140. If you can't provide- he should be able to get it on his own too.
HTH
 
I guess there is no separate "AC21" letter. Offer letter with title & duties is sufficient. Correct me if I'm wrong. Are there more documents required than this?
 
Originally posted by pb74
1. When it's time to renew the EAD, I hope BCIS doesn't question about present employer etc.

----- correct, EAD AP is based on pending I-485
How viable is it to present I-485 filing receipt from old employer and renew EAD to work for someone else?

------- that is not a problem with EAD you can work with any one if they are ready to hire you, EAD is based on YOUR pending I-485, and I-485 does NOT belog to any employer , it belongs to YOU
Does AC21 explicitely approve this?
------- AC21 does not say anything for EAD or AP, AC21 is for change of employer if I-140 approved and I-485 pending more than 180 days. AC21 does not probhit you to join new employer with EAD that is based on YOUR pending I-485
2. Do we hear cases where the AC21 wasn't granted because the old & the new job descriptions differ a lot?
------ We have not read much as I-485 is taking time and who used AC21 few cases have been approved, may be it is too early to see many AC21 cases approved. it is better to keep the same job disciption/skills
3. If I change lawyers at this stage (approved I-140 and 10 mths on I-485), will the new lawyer require any more information than my case number?
------ you have to sign form G28 and he will send it to USCIS with your I-485 filing reciept so that on USCIS records he will be representing you.
In the first place, is it good idea to still have a lawyer? What's the typical fees lawyers will charge at this stage?
--- it is better to have a lawyer becase if any RFE he he can reply. the fees depends on lawyer to lawyer. you can directly ask 2-3 lawyers for fees and choose the good lawyer
Thanks in advance.
 
Originally posted by pb74
I guess there is no separate "AC21" letter. Offer letter with title & duties is sufficient. Correct me if I'm wrong. Are there more documents required than this?
-------- new employer future permanent job Offer letter with job title & duties/skills + your intent change letter to use AC21+ your I-485 filing reciept copy .
 
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