RD 3/6/2002 - Approved

Pardoner

Registered Users (C)
PD: 4/1998
RD: 3/6/2002
ND: 3/27/2002
RFE: 5/30/2003 - Birth Certificate
RFE Response Received: 7/01/2003
Approved: 7/28/2003

While responding for the RFE, my lawyer also invoked AC21 pre-emptively as I'd changed jobs 1 year after applying for the 485.

Wife's application has been transferred to the local BCIS center in Detroit. Might get called for an interview.

Question: The approval notice I received says it is a 'courtesy copy' and that the original was sent to attorney. Can I take the courtesy copy to get my passport stamped or should I wait for the original to arrive from my attorney's office?

Thanks
 
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Hi Joyin55,
Are u EB2 and did u filed 485 Application for your wife along with your's or filed later ?

Changed JObs' --. Did you took the same position and salary ?

Please post details.
 
EB2. Wife's 485 was filed along with mine - but we were married for less than an year at the time of filing, that's probably the reason for case being trasferred to local office.

My current job description is almost the same (previous description + additional responsibility). My job title was TOTALLY different - I guess they went with the description. Salary was almost the same as what was in my labor.

Rupnet has been updated.

Pardoner
 
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Congrats and Thanks Pardoner for your immediate update about Approval.
For every one, please do not forget to update Rupnet about your approval. Especially for silent visitors!!!.
:)
 
Pardoner,

Congratulations!

Could you please give us more details about how your lawyer helped you using AC21? What did he say in the AC21 letter?

Thanks!
 
waitingformyGC,

Lawyer included a common cover letter while responding for the RFE. In the letter he states that the evidence for extra information was being enclosed to prove my birth. He continues and states that I am no longer employed by <previous employer> and have joined <new employer> beginning <date>. A letter from the <new employer> setting forth his position, job duties, salary etc. is attached for your consideration.

Further he mentions that since the new position involves job duties similar to the previous position, I benefit from the provisions of Section 106(c) of the American Competitiveness in the 21st Century Act (AC21) since my application for 485 has been pending for more than 180 days.

And he included the letter from my manager stating my job desc, position salary etc.

So I do not believe there is a separate form to be filled out - it could just be mentioned in the cover letter (I'm not sure though). If you are representing yourself and need the exact wording on my cover letter, pm me and I'll send you a copy of it.

Pardoner
 
congrats

congrats pardoner. you are the lucky one !!!

my dates are exactly as yours.
could you think of anything you did which got you an earlier approval ?
could you tell us your country ?
 
tan67,

I'm from India. My priority date is 4/1998, maybe that played a part in the approval. If not, it could be the fact that it got an RFE generated. I even suspect that the applications are being processed in batches of 2/3 months and being assigned to new officers. Maybe I just got lucky. Another approval for the same ND as mine (3/27/2003) was also approved as per rupnet. So it should be the same officer handling this batch.

I believe you're from Pakistan, right? We've all waited for soo long, hang in there for a little more time. The end is drawing closer and I think there will be a lot more approvals/responses in the coming few weeks. Good luck to all of you.

Pardoner
 
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Congrats!!

U are on hell of a lucky guy Pardoner - good for you! and good for all us as it provides hope for the proverbial light at the end of the tunnel :D

Congrats and enjoy ur new found freedom.

-ab
 
Congratulations. Have fun and enjoy. You are now free to drive your own path and live your life as you wish :)

- lifeonhold
 
thanks

thankyou for your encouraging thoughts pardoner.
yes i am from Pakistan which means more wait.
 
hmmm...

Maybe priority date is playing a role.

One of my friends (about whom I made a post a few weeks ago) got approval before he went to India last month. His ND was Oct 2002. Mine is July 16, 2002. I was surprised how that could have happened.

When I met him yesterday, he said that he also got the green card (yes, the plastic card) when he arrived!!!

The only thing that could have a played a role is priority date. He has a priority date which is much ahead than mine. He delayed filing 485 until getting his marriage in order.

So, that means that regular folks (whose priority date is recent) has a long wait.
 
AC21 Letter Template from your Lawyer and Manager

I am in a similar AC21 situation working for the 2nd employer now.
485: ND July1, 2002, RD: June11, 2003

I am planning mailing them a letter enclosing one from my current employer too next week although I do talk to BCIS information officer they said mailing letter about changing job is OPTIONAL.

Would you please let me know the your cover letter content/template invoking AC21?

Thanks a lot.

Jordan

jordan116@yahoo.com
 
SoundofSilence,

Attached are 3 letter formats that I have downloaded earlier from other forums on this site.

u should also check out jaxen's and others detailed stuff in forum ImmigrationPortal Forums > ImmigrationPortal.com > US Immigration > Immigrant Visas (Green Cards) > I-485 Issues > Frequently Asked Questions – I-485 FAQ > Sample AC21 claim letter

hope this helps

-ab

LETTER 1:

December 3, 2002

U.S. Immigration and Naturalization Service
1887 Monterey Road
San Jose, CA 95112

RE: Mr. ABC

Dear Sir or Madam:

XYZ, Inc. submits this letter to verify Mr. ABC’s employment with the company as a hardware engineer (electronics), earning an annual salary of $DEF.

XYZ, Inc. engaged in the business of [INSERT DATA –AT LEAST ONE PARAGRAPH. INCLUDE CUSTOMER –BASE, AND ANY WELL-KNOWN COMPANIES]. The company’s gross annual revenues are [INSERT DATA]

Mr. ABC joined our company in September 2002. As a hardware engineer, he designs, develops, and verifies Application Specific Integrated Circuits (ASICs) used in next-generation of networking infrastructure systems.

We support Mr. ABC’s U.S. Permanent Resident application. We consider him a valuable employee and wish to continue his employment.

Sincerely,

XYZ, Inc.

By:

PQR
VP, Human Resources

LETTER 2

This letter will confirm that Mr. xxxxx works for our company as a Programmer Analyst as of xxxx, 2002. His I-485 application was filed on xxxx, 2001 which more than 180 days after the filing of his I-485, Adjustment of Status application (LIN-02-018-xxxxx) through another employer. We are attaching a copy of the I-485 receipt notice. Mr. XXXXX is paid a biweekly salary of $xxxxx which is equivalent to approximately, $xxxxxx per year. We are also enclosing a copy of our Annual Report which indicates our ability to pay Mr. xxxxx's salary for the position.

Mr. xxxxxx is holding the identical position for our company that he held with his previous employer, xxxxx, Inc. which was the employer who filed and obtained approval of his application for Alien Labor Certification, in fact, Mr. xxxxx was working at our facility for us as a contract employee with xxxx, Inc. performing the identical job duties. As evidence of the contractual relationship with xxxx Inc., we are enclosing a copy of xxxxx's release of employment obligations so that we could directly employ Mr. xxxx. We are enclosing a copy of his Alien Labor Certification. Please note that the salary being offered to Mr. xxxxx meets or exceeds the salary being offered in the Alien Labor Certification certified by the DOL on behalf of xxxx, Inc. which was $xxxxx.00.


LETTER 3

Date: Today

From
Wannabe Immigrant
I485 Receipt SLW 03 XXXXX
A# 00000000
1 Main Lane
Anycity SS 00000

To
BCIS- summa service center
PO Box xxxx
SomeTown XX 11000

Dear Sir/Madam

RE: SFW 000000 , A#, Wannabe Immigrant, I485 under AC21

I had been working for companyA from StartDate using H1B visa
(latest H1 receipt SFW ). companyA applied for labor certification for the job of LCJobName on veryOldDate. The OCC code of the Job was 030.062.010 per the Onet classification (SOC: 15-1030) for a salary of $verylowAmount per annum. The responsibilities of LCJobName included Analyzing business and engineering data processing problems, designing and implementing a solution and test the developed systems.This Labor Certification was approved on aVeryLongTime. Based on this approval an application for immigrant visa (I140) was made on aLittleTimeLater. This application was approved on aLongAgo. I applied to adjust my status to permanent resident status on aFunDate. My Employment authorization document was approved on areallyFunDate.

According to the memo dated June 29 2001 on the American
competitiveness in the Twenty First Centrury Act and related
legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of
lengthy adjustment adjudication. That memo lists two preconditions
for eligibility to change jobs- I485 is pending unadjudicated for 180
days or more and the new job is in the similar occupational
classification as the job for which the certification was initially made
in section 106(c).
I joined companyB at mycurrentHome on 180DayDate ( approx. xxx
days from the receipt date of I485) as a newJobName for a salary of
$highAmount per annum. The job responsibilities include Analyze
business and engineering data procesing problems,
design,implement and test the developed systems. Please find
attached a letter from companyB regarding the employment offer,
Job title , job description and salary.
Pursuant to the guidelines of the memo cited above and my
eligibility based on the fact that my I485 application has been
pending unadjudicated for more than 180 days and the new job is in
the similar occupational classification (SOC code 15-1051), I request
that BCIS continue processing my I485 application. I also request
that my I485 application be approved based on the provisions of the
American Competitiveness of 21st century signed as law on October
17, 2000 and adjudicate favorably.
I would be glad to provide any additional information required by
you.
Yours Truly
Wannabe Immigrant
 
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