Sample AC21 claim letter

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by jaxen, Jun 18, 2003.

  1. jaxen

    jaxen Volunteer Moderator

    Please see my other posts in this thread on other how to-s about this letter...

    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

    Enclosures
    1. Copy of LC approval
    2. Copy of I140 Approval
    3. Copy of I485 receipt
    4. Employment Offer/Support letter from companyB
    5. Copy of the employment authorization
     
    Last edited by a moderator: Jun 18, 2003
  2. jaxen

    jaxen Volunteer Moderator

    This is a sample letter. I see that there is another sample letter in another thread in the same forum. That is good too.

    I am assuming the following
    1. New Job's State, Title and salary are all different.

    2. I used the SOC Job description of two job titles, but I have used my own description and responsibilities to be the same. You should not be very blatant about this like I have given. Moreover the LCjob description have to come from the LC application and the the ne'w job's description should be verifiably true (For most of the big companies- the job description is written in stone)

    3. If you have used H1 to join the new employer, you can state it here if you want to...

    4. If you dont know your OCC code or SOC code , you can avoid them. Job titles are enough. The LC approval will give the code.
    See http://www.bls.gov/soc/soc_majo.htm
    http://www.bls.gov/search/ooh.asp?ct=OOH
    If your job is related according to DOL's occupational handbook you can even say this
    According to the occupational outlook handbook 2002-03 of Departement of Labor the occupation of newJobName. is in the list of related occupations of LCJobName. .
    just before the last paragraph...
    5. If you dont have one of the documents listed, it is going to be difficult. Read other's experiences in order to gain confidence about your situation.

    6. As of June 20, 2003 BCIS has not given any policy framework under which to adjudicate AC21 106(c) benefits. So you need a lawyer to strongly support your case.

    7. The employment offer letter is very important according to me.

    I will try to answer other doubts. Most of the answers are all in the AC21 portability forum already . Any body who wants to use AC21 should watch that forum.

    I have used Orange and OrangeRed for addresses, Orange for String, limegreen for Dates and blue for other numeric or numeric like values. Please take care to fill in the right data and not leave out some stupid words.
     
    Last edited by a moderator: Jun 18, 2003
  3. jaxen

    jaxen Volunteer Moderator

  4. statusquery

    statusquery Registered Users (C)

    Hi,

    I have filed my 485 in Dec 2002 and six months passed and I have changed job. I do have all of my LC Approval, I140 Approval and 485 Copies etc.,

    I do not have the LC Application copy which contains my JOB Description when they Filed my LC. How do I get a copy of my JOB Description which was in LC. I wanted to have this just in case I get a query and my new company had to send my Job Duties and Responsibilities.

    My ex company is not willing to give me photocopies of my LC Application. Is there a way I can get it from LC office.

    MY LC Filed in in San Francisco.

    Thanx in advance.
     
  5. jaxen

    jaxen Volunteer Moderator

    bump down

    bump down
     
  6. jambalakadi

    jambalakadi Member

    I heard from my friend that you can call USCIS or DOL or fillout a form to request copy of labor. They will send it. I am not sure about this but I will findout more info. I moght be wrong too
     
  7. shashikantj

    shashikantj Registered Users (C)

    You can file ask USCIS for a copy of the documents they have about under FOIA (Freedom Of Information Act). Search for FOIA on USCIS.gov. Form is called a G-639. uscis gov files form G-639.pdf.
     
  8. grogon

    grogon Registered Users (C)

    Thanks for the information. Does anyone know what I should provide for "Petition or Claim Receipt #" on Form G-639. I think this should be the Labor Certificate petition number. But since I don't have the access to the petition, I'm not sure what I should put down for this. Any suggestions?

     

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