Sample AC21 and Employment Verification Letters

1

1victim

Registered Users (C)
Hi all,

here is my version of AC21 and Employment Verification letters.

Please do take time to post your valuable inputs!

Thanks in advance.
--------------------------------------------------------------------------
AC21 letter
--------------------------------------------------------------------------

MY FULL NAME, Date: 03/08/05
123 blah street.
blahtown NH 02020
Date of Birth: XX/XX/XXXX
A#: AXX XXX XXX
I-485 Receipt #: EAC-04-151-XXXXX
Home phone: XXX-XXX-XXXX.
Daytime phone: XXX-XXX-XXXX ext: XXX

The Director,
US Citizenship and Immigration Services,
Vermont Service Center,
75 Lower Welden St.,
St. Albans, VT 05479-0001

RE: Change of employment in accordance with Section 106(c) of AC21
(American Competitiveness for the 21st Century Act of 2000)

Dear Sir/Madam,

I am writing this letter to inform you of my change of employment from Old Company Software Corp. (original sponsor of my lawful Permanent Residency Card / Green Card) to New Company, Inc. I have started working on the new job from xxth Feb ’05, which is after the approval of my application I-140, more than 180 days of pending application I-485 and with similar job duties as those in my Labor Certification and hence in accordance with Section 106(c) of AC21 (American Competitiveness for the 21st Century Act of 2000). Enclosed, for your convenience, a copy of a memorandum dated 4th August, 2003 from William R. Yates /s/ Janis Sposato, Acting Associate Director for Operations, USCIS.

The above mentioned memorandum provides that the labor certification or approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

(a) 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

(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.

I have satisfied condition (a) in that my I-485 has been pending for more than 180 days, Receipt# EAC-04-151-XXXXX and Receipt Notice Date:26th April, 2004 and satisfied condition (b) in that my new job is same or similar to the one for which Labor Certification was initially made. (Enclosed, please find an Employment Verification Letter from my new Employer, New Company, Inc. with job duties mentioned.)

Further, please note that my wife, <My Wife’s Full Name> (A# AXX XXX XXX), also has her Application to Adjust to Permanent Resident Status, I-485 with Receipt# EAC-04-151-XXXXX pending as a derivative applicant to my application.
Should you have any questions, you are welcome to call me or mail me at the contact information mentioned above.

Sincerely,

[MY FULL NAME]

--------------------------------------------------------------------------
Employment Verification Letter
--------------------------------------------------------------------------

[ON COMPANY LETTERHEAD]

From: Date: 03/08/05
John Doe,
Sr Manager,
New Company Inc.
123 blah Rd,
Blahblah, MA XXXXX

To:
The Director,
U.S. Citizenship & Immigration Services,
Vermont Service Center,
75 Lower Welden St.
St. Albans, VT 05479-0001


Re: Employment Verification of <MY FULL NAME>

Dear Sir/Madam,

This letter is to certify that <MY FULL NAME> has joined New Company, Inc. on XXth Feb 2005 as a Senior Software Engineer with an annual salary of $X.
Although, his employment is at-will, he will be working as a permanent full-time employee at our blahblah, Massachusetts facility.

His duties at New Company Inc., include <almost similar to duties mentioned in the labor certification >

We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).

If you have any questions you are welcome to contact me.

Truly Yours,

John doe, Sr. Manager,
New Company, Inc.
 
1victim said:
Hi all,

here is my version of AC21 and Employment Verification letters.

Please do take time to post your valuable inputs!

Thanks in advance.
--------------------------------------------------------------------------
AC21 letter
--------------------------------------------------------------------------

MY FULL NAME, Date: 03/08/05
123 blah street.
blahtown NH 02020
Date of Birth: XX/XX/XXXX
A#: AXX XXX XXX
I-485 Receipt #: EAC-04-151-XXXXX
Home phone: XXX-XXX-XXXX.
Daytime phone: XXX-XXX-XXXX ext: XXX

The Director,( I think it should not be sent to Director, the VSC address is enough)US Citizenship and Immigration Services,
Vermont Service Center,
75 Lower Welden St.,
St. Albans, VT 05479-0001

RE: Change of employment in accordance with Section 106(c) of AC21
(American Competitiveness for the 21st Century Act of 2000)

Dear Sir/Madam,

I am writing this letter to inform you of my change of employment from Old Company Software Corp. (original sponsor of my lawful Permanent Residency Card / Green Card) to New Company, Inc. I have started working on the new job from xxth Feb ’05, which is after the approval of my application I-140, more than 180 days of pending application I-485 and with similar job duties as those in my Labor Certification and hence in accordance with Section 106(c) of AC21 (American Competitiveness for the 21st Century Act of 2000). Enclosed, for your convenience, a copy of a memorandum dated 4th August, 2003 from William R. Yates /s/ Janis Sposato, Acting Associate Director for Operations, USCIS.

The above mentioned memorandum provides that the labor certification or approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

(a) 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

(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.

I have satisfied condition (a) in that my I-485 has been pending for more than 180 days, Receipt# EAC-04-151-XXXXX and Receipt Notice Date:26th April, 2004 and satisfied condition (b) in that my new job is same or similar to the one for which Labor Certification was initially made. (Enclosed, please find an Employment Verification Letter from my new Employer, New Company, Inc. with job duties mentioned.)

Further, please note that my wife, <My Wife’s Full Name> (A# AXX XXX XXX), also has her Application to Adjust to Permanent Resident Status, I-485 with Receipt# EAC-04-151-XXXXX pending as a derivative applicant to my application.
Should you have any questions, you are welcome to call me or mail me at the contact information mentioned above.

Sincerely,

[MY FULL NAME]
Signature
enclosed:
1copy of I-485 filing reciept
2 new employer future permanent job offer letter
 ** make the copy and keep the copy of letter with you after sign the above letter

--------------------------------------------------------------------------
Employment Verification Letter
--------------------------------------------------------------------------

[ON COMPANY LETTERHEAD]

From: Date: 03/08/05
John Doe,
Sr Manager,
New Company Inc.
123 blah Rd,
Blahblah, MA XXXXX

To:
The Director,
U.S. Citizenship & Immigration Services,
Vermont Service Center,
75 Lower Welden St.
St. Albans, VT 05479-0001


Re: Employment Verification of <MY FULL NAME>

Dear Sir/Madam,

This letter is to certify that <MY FULL NAME> has joined New Company, Inc. on XXth Feb 2005 as a Senior Software Engineer with an annual salary of $X.
Although, his employment is at-will, he will be working as a permanent full-time employee at our blahblah, Massachusetts facility.

His duties at New Company Inc., include <almost similar to duties mentioned in the labor certification >

We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).

If you have any questions you are welcome to contact me.

Truly Yours,

John doe, Sr. Manager,
New Company, Inc.
Click to expand...
**** That OK(keep one copy of this letter with you )

*** send it to VSC with certified return reciept

**** if your I-485 was filed by past comany lawyer then it means the lawyer has G28 with USCIS records and represent you. if you wish then send a letter that Lawyer XYZ no more represent you for your I-485 #EAC........ and you request to revoke the G28 signed by you and sent by lawyer XYZ And make a request that all future communication should be sent to you directlyon your address......... I prefer to send this as separate letter.
 
Last edited by a moderator:
Thank you very much.

I changed employment 5 months back(after 1 and 1/2 yr), and i did not informed to INS at that time. now i got REF asking employment letter.

1) Just send letter from new employer and

2) Mention about change of employeer in Attorney letter, he will be summerizing the letter.

3) Do i need to send AC21 letter also. with employment verification?

Please help me guys
 
satishkumart said:
Thank you very much.

I changed employment 5 months back(after 1 and 1/2 yr), and i did not informed to INS at that time. now i got REF asking employment letter.

1) Just send letter from new employer and

2) Mention about change of employeer in Attorney letter, he will be summerizing the letter.

3) Do i need to send AC21 letter also. with employment verification?
>>>> AC21 letter is probably what your attorney is writing, but I were you, I would prefer him just draft it for me, and the letter would actually be from me to USCIS. As far as your Employment Verification letter, it is the same as the one you mentioned in (1) above.
Please help me guys
Click to expand...

I had seen you other post, if the letter you posted there was written by Attorney, i would fire him. He is not even close to a "good attorney" in this area, Immigration is probably not his main area of expertise.
 
1victim - did you have ead or h1 when you switched employers?

Hi 1victim,
based on what you said in your signature, doesnt look like you had an h1 or an ead.
Did you get the new job and switch employers with the letters you detailed, without an ead or h1?
or did you have an h1 or ead before you sent the ac21 letter?

In none of your letters do I see any notification that says you have an h1 or an ead...
-lrugnevm
 
satishkumart said:
Thank you very much.

I changed employment 5 months back(after 1 and 1/2 yr), and i did not informed to INS at that time. now i got REF asking employment letter.

1) Just send letter from new employer and

2) Mention about change of employeer in Attorney letter, he will be summerizing the letter.

3) Do i need to send AC21 letter also. with employment verification?

Please help me guys
Click to expand...

Send AC-21 letter, with a brief explanation of the law also. Here is what I used:

Here is what I have used:

Documents to send with AC-21:
- Company Balance Sheet (proof of ability to pay)
- EVL: Employment Offer/Support letter from <New employer>
- AC-21 Cover letter from you/your lawyer
- Copy of I140 Approval
- Copy of I485 receipt
- Copy of the employment authorization
- Pay Stubs
- DOT Code job description printout

-----------------------------------------------------------
Here are sample AC-21 and EVL letters:

------------------------------------------------------------
EVL
------------------------------------------------------------

Date

US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521

Dear Sir or Madam:

This letter is to confirm that <ur name> is employed with us as a <ur title - same/similar to one in LC> (Code: <from LC>) on a full time, permanent basis since <start date - after 180 days of 485 RD>. <New Employer Name> is an XXYYZZ firm, providing AABBCC solutions and services. <couple of lines about their business/revenues>

In his capacity as a <ur title>, <ur name> receives an annual base salary of <ur salary - hopefully similar to offered wage in LC>. In addition, he is eligible for paid vacation, health and retirement benefits, and applicable monthly and/or periodic bonuses.

His duties include: <similar job description from LC>

His work location may range all over the US, depending upon our client locations. <New employer's> geographic areas include, but are not limited to AABBCC. (this para is optional)

Please feel free to contact us if your office requires any further information.


Sincerely,

XYZ

--------------------------------------------
AC-21 Letter from yourself:

--------------------------------------------

Date:

Ur Name
I-485 Receipt # , A#
Address
Ph:

US Citizenship and Immigration Services
XXYYZZ Service Center
P.O. Box 82521
Lincoln Nebraska 68501-82521

Subject: I-485 under AC21 for <ur name>, <ur 485 #>, A #

Dear Sir or Madam:

This letter is to confirm that I, <ur name>, am currently employed by <new employer> as a <title> and earn an annual salary of <ur salary>. I am currently a full time employee and intend to remain with <new employer> indefinitely. As a <title>, I work with <2-3 lines job desc>.

This is to inform your office that I have a pending I-485 at your center, and I have changed jobs as provided under the AC-21 law. My Labor Certification and I-140 were sponsored by <old employer>, and were approved on <LC approval date> and <140 approval date> respectively. The relevant job code was DOT # XXCCZZ, with employer’s wage offer of <LC offered wage>. Subsequently, I had filed for Adjustment of Status (I-485), which has a Receipt Date of <RD>.

On <job change date>, well after my I-485 application had been pending for over 180 days, I changed employers and accepted a position with <New Employer>. The position is a permanent one, has similar job duties, and offers a salary of <New Salary>. A letter from my current employer outlining the job duties and salary is included with this letter.

According to the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000, and subsequent memo dated June 29 2001 on the American competitiveness in the Twenty First Century 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: (a) I-485 is pending unadjudicated for 180 days or more and (b) the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).

Pursuant to the guidelines of the law and memo cited above, and my eligibility based on the fact that my I-485 application has been pending unadjudicated for more than 180 days and the new job is in the same occupational classification, I request that USCIS continue processing my I485 application and adjudicate favorably. I would be glad to provide any additional information if required by your office.

Sincerely


<ur name>


Enclosures
Company Balance Sheet (proof of ability to pay)
Employment Offer/Support letter from <New employer>
Copy of I140 Approval
Copy of I485 receipt
Copy of the employment authorization
Pay Stubs
DOT Code job description printout
 
Thank you atlantabhopali - question still for 1victim

Hi atlantabhopali, i see you had the employment authorization letter. 1victim. did you have the ead or h1 filed with the new employer before you invoked the ac21? I am asking this because i applied for ead last week ( since my employers lawyer was not ready to do that) and i think my company will soon ( this week or next) start laying off people.
 
lrugnevm said:
Hi atlantabhopali, i see you had the employment authorization letter. 1victim. did you have the ead or h1 filed with the new employer before you invoked the ac21? I am asking this because i applied for ead last week ( since my employers lawyer was not ready to do that) and i think my company will soon ( this week or next) start laying off people.
Click to expand...

lrugnevm,

I did have both H1B and EAD before I changed my job, H1B and EAD are mutually exclusive in terms of the validity, no person can have "two valid legal statuses", if I change my job, it is based on my pending I-485 and hence at that point I began using that , automaticall invalidating H1B..

I wanted to keep the reader of my letter at USCIS focused with as minimal & necessary details as possible. good point, it might be a good idea to put in EAD details in the letter. Also bear in mind that, I cannot start working without an EAD, employers wouldnt hire me in the first place, unless ofcourse they are going to file a new H1b for me.

IMHO, your employer's strength should not determine whether you should apply for EAD or not... God forbid should one get laid off, it goes a long way in saving the valuable time during that stressful period.
 
Last edited by a moderator:
very good information.,

Thanks.,

usinsuser99

1victim said:
Hi all,

here is my version of AC21 and Employment Verification letters.

Please do take time to post your valuable inputs!

Thanks in advance.
--------------------------------------------------------------------------
AC21 letter
--------------------------------------------------------------------------

MY FULL NAME, Date: 03/08/05
123 blah street.
blahtown NH 02020
Date of Birth: XX/XX/XXXX
A#: AXX XXX XXX
I-485 Receipt #: EAC-04-151-XXXXX
Home phone: XXX-XXX-XXXX.
Daytime phone: XXX-XXX-XXXX ext: XXX

The Director,
US Citizenship and Immigration Services,
Vermont Service Center,
75 Lower Welden St.,
St. Albans, VT 05479-0001

RE: Change of employment in accordance with Section 106(c) of AC21
(American Competitiveness for the 21st Century Act of 2000)

Dear Sir/Madam,

I am writing this letter to inform you of my change of employment from Old Company Software Corp. (original sponsor of my lawful Permanent Residency Card / Green Card) to New Company, Inc. I have started working on the new job from xxth Feb ’05, which is after the approval of my application I-140, more than 180 days of pending application I-485 and with similar job duties as those in my Labor Certification and hence in accordance with Section 106(c) of AC21 (American Competitiveness for the 21st Century Act of 2000). Enclosed, for your convenience, a copy of a memorandum dated 4th August, 2003 from William R. Yates /s/ Janis Sposato, Acting Associate Director for Operations, USCIS.

The above mentioned memorandum provides that the labor certification or approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:

(a) 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

(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.

I have satisfied condition (a) in that my I-485 has been pending for more than 180 days, Receipt# EAC-04-151-XXXXX and Receipt Notice Date:26th April, 2004 and satisfied condition (b) in that my new job is same or similar to the one for which Labor Certification was initially made. (Enclosed, please find an Employment Verification Letter from my new Employer, New Company, Inc. with job duties mentioned.)

Further, please note that my wife, <My Wife’s Full Name> (A# AXX XXX XXX), also has her Application to Adjust to Permanent Resident Status, I-485 with Receipt# EAC-04-151-XXXXX pending as a derivative applicant to my application.
Should you have any questions, you are welcome to call me or mail me at the contact information mentioned above.

Sincerely,

[MY FULL NAME]

--------------------------------------------------------------------------
Employment Verification Letter
--------------------------------------------------------------------------

[ON COMPANY LETTERHEAD]

From: Date: 03/08/05
John Doe,
Sr Manager,
New Company Inc.
123 blah Rd,
Blahblah, MA XXXXX

To:
The Director,
U.S. Citizenship & Immigration Services,
Vermont Service Center,
75 Lower Welden St.
St. Albans, VT 05479-0001


Re: Employment Verification of <MY FULL NAME>

Dear Sir/Madam,

This letter is to certify that <MY FULL NAME> has joined New Company, Inc. on XXth Feb 2005 as a Senior Software Engineer with an annual salary of $X.
Although, his employment is at-will, he will be working as a permanent full-time employee at our blahblah, Massachusetts facility.

His duties at New Company Inc., include <almost similar to duties mentioned in the labor certification >

We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).

If you have any questions you are welcome to contact me.

Truly Yours,

John doe, Sr. Manager,
New Company, Inc.
Click to expand...
 
ginnu, question for you...

ginnu,

I just noticed something you added to my letter in "Enclosures" part:

2 new employer future permanent job offer letter

Why did you say "future" permanent job offer ? Isnt it alright if I used a letter as I had posted, that I am "currently" employed, doing so and so duties, etc. ?

Also what do you think about the other posters opinion about attaching and mentioning about my EAD ?

Here are my updated list of attachments:
Enclosures:
1. Copy of Application to adjust status, I-485.
2. Copy of paystubs I received from my new Employer, New Company, Inc.
3. Copy of Memorandum from Mr. William R.Yates, Associate Director for Operations, USCIS regarding the AC21 Law.
4. Employment Verification Letter.
5. Copy of my EAD card.
 
1victim said:
ginnu,

I just noticed something you added to my letter in "Enclosures" part:

2 new employer future permanent job offer letter

Why did you say "future" permanent job offer ?
---------------becase GC is for future job AFTER I-485 approval
Isnt it alright if I used a letter as I had posted, that I am "currently" employed, doing so and so duties, etc. ?
------ on employer letter it has to be clear that they Intend to contnure your employement on Permanent basais after I-485 approval

Also what do you think about the other posters opinion about attaching and mentioning about my EAD ?
--- they dont need EAD copy or to mention about EAD, they know your A# and know that you have EAD or H1, they are just going to look at new Employer letter for SAME/Similar job duties and offer of permanent job after I-485, they are not going to read copy of AC21 MEMO and not needed, they know what is AC21 and approving the AC21 cases.
1,4,2 are IMP, other you can send or dont send it will not matter.
-------------
Here are my updated list of attachments:
Enclosures:
1. Copy of Application to adjust status, I-485.
2. Copy of paystubs I received from my new Employer, New Company, Inc.
3. Copy of Memorandum from Mr. William R.Yates, Associate Director for Operations, USCIS regarding the AC21 Law.
4. Employment Verification Letter.
5. Copy of my EAD card.
Click to expand...
 
Ginnu,

My employer has refused to state anything like "permanent" employment.. all he said he could do is that "His continued employment at blah co. is very good" - this kinda didnt make good sense to me.. but I am not an expert.

What do you think I should do?
1Victim
 
present status

Hi 1victim,

Ive noticed that you are getting an EVL from your manager rather than HR of the company. Did you try to get the letter issued from HR instead quoting a permanent job status ?

Also, it would be great if you can keep this thread updated as & when events occur in greater benefit to the community.

Thanks a lot !
 
I_want_gc_too said:
Hi 1victim,

Ive noticed that you are getting an EVL from your manager rather than HR of the company. Did you try to get the letter issued from HR instead quoting a permanent job status ?

Thanks a lot !
Click to expand...

Yes, I did end with a letter from HR, i thought it would be a hiring manager, but apparently not. Also, I could NOT get letter with the word "permanent".. my company refused, what they stated instead is : "his continued employment with <company name> is very good " --> this sentence sounds weird to me.. but i sent that letter anyway.
 
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