Question regarding AC21

[schak]

I have two questions regarding AC21. I changed my job in Oct., 2004. My I-140 is based on NIW. I have not yet sent AC21 to TSC. My lawyer has told me that we will send it when they will ask it. My new company told me that they will give me a EVL when USCIS will ask it.

My 1st question is: "Is it necessary to send the AC21 as it is required by law for change of Address? Or I can wait until USCIS asked me to do that."

2nd question: "Does AC21 needs EVL?"

Thanks

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I140 NIW ND Jan 2003 AD Jan 2004
I485 ND Oct 2003 AD ??????
FP1 Dec 2003
FBI name check pending since Nov.5, 2003.

 

[In_durham]

I have two questions regarding AC21. I changed my job in Oct., 2004. My I-140 is based on NIW. I have not yet sent AC21 to TSC. My lawyer has told me that we will send it when they will ask it. My new company told me that they will give me a EVL when USCIS will ask it.

My 1st question is: "Is it necessary to send the AC21 as it is required by law for change of Address? Or I can wait until USCIS asked me to do that."
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>>>> AC21 has nothing to do with change of address. AR11 form is needed for change of address. AC21 allows one to change jobs. USCIS does not have a form and most lawyers say AC21 allows one to port their labor to similar jobs and there is no filing needed. If USCIS asks you can provide evidence and that often a change of address randomly triggers EVL etc. My own opinion is that one is far better off sending in the documentation such as new job description, pay stubs etc.

2nd question: "Does AC21 needs EVL?"

AC21 allows change of job. It is up to USCIS to ask for EVL if they deem it necessary through an RFE.

You can read more about this on the AC21 forum.
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Thanks

-------------------------------------
I140 NIW ND Jan 2003 AD Jan 2004
I485 ND Oct 2003 AD ??????
FP1 Dec 2003
FBI name check pending since Nov.5, 2003.