Should I File AC-21

R

reallydepressed

Registered Users (C)
Hi Guys,

need you expert Advice, recently I changed my job (joined the client) so job and title are similar with approved labour and my old company will not revoke I-140 and they will not inform INS ( I am very positive about this).

MY PD July 2002 and I-485 RD is March 2004, now I was reading in many places as visa numbers will be available (hopefully) during october my case might get approved without any issue, in case If apply for AC-21 this might trigger an RFE and dealy the process,

Also, after changing jobs how much time do we have before applying AC-21

Thanks
 
reallydepressed said:
Hi Guys,

need you expert Advice, recently I changed my job (joined the client) so job and title are similar with approved labour and my old company will not revoke I-140 and they will not inform INS ( I am very positive about this).

MY PD July 2002 and I-485 RD is March 2004, now I was reading in many places as visa numbers will be available (hopefully) during october my case might get approved without any issue,

in case If apply for AC-21 this might trigger an RFE and dealy the process,
-----------------file the AC21 ASAP so that I-485 gets approved for new employer, sending AC21 does not trigger RFE, if you dont file AC21 you may get RFE or NOID or may not get any RFE and I-485 will be approved on the base of past employer letter and if that happens you need to work for that employer after I-485 approval
Also, after changing jobs how much time do we have before applying AC-21
---------------file the AC21 and AC21 can only be invoked BEFORE I-485 gets approved
Thanks
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ginnu mentioned it correctly , send AC21 Letter ASAP.
Besides , your Employer is Obliged by LAW to inform BSCIS. In fact I am almost sure that BSCIS will send an enquiry to your employer once your i-485 Case is picked up for processing.
PLEASE SEND THE AC21 Letter ASAP, DONOT WAIT TILL THE LAST MOMENT !!
I can't stress it more.
 
confused

Ginnu
Im confused with your reply. Ive read your reply somewhere to apply for H1 transfer with the new employer. But above, you have replied asking to file AC21 immediately so that the greencard will be approved for the new employer.

If I transfer the H1, what will happen
1. If the old employer sent a letter to INS to revoke I140 even 180days passed.
2. For whoom the greencard will be approved old employer or new one?

Regards
waiting4mygc
 
waiting4mygc said:
Ginnu
Im confused with your reply. Ive read your reply somewhere to apply for H1 transfer with the new employer. But above, you have replied asking to file AC21 immediately so that the greencard will be approved for the new employer.
-------------- it depends on posters situation
If I transfer the H1, what will happen
1. If the old employer sent a letter to INS to revoke I140 even 180days passed.
-------------- if I-140 approved and I-485 pending more than 180 days and you have same/similar permanent job offer and invoke AC21 then you are safe
2. For whoom the greencard will be approved old employer or new one?
------------ I dont know your situation, you need to post YOUR situation
Regards
waiting4mygc
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ginnu said:
--------------file the AC21 and AC21 can only be invoked BEFORE I-485 gets approved
Click to expand...


Hi ginnu,

Why do you say that AC21 can only be invoked before 485 approval? If NOID is issued, why can't you then invoke AC21, given that final regulations have not been issued yet?

Just trying to get some insight.

Thanx.
 
orrorin said:
Hi ginnu,

Why do you say that AC21 can only be invoked before 485 approval?
-----I dont say it is AC21 memo that says becase GC is for future job and you need to invoke AC21 BEFORE I-485 gets approved. for more details go to your lawyer and seek legal advice

If NOID is issued, why can't you then invoke AC21,
------------You CAN do that and it simply means that NOID is issued BEFORE I-485 is approved, NOID is is NOT sent if I-485 gets denied, if gets denied then you get denial notice
given that final regulations have not been issued yet?

Just trying to get some insight.

Thanx.
Click to expand...
 
I went thru the May'05 memo and don't see any mention that an AC21 letter needs to be filed before adjudication of the case. Given that GC is for future employment with petitioner and AC21 allows you to change "jobs" (and not necessarily the intention), one can have 2 interpretations of filing AC21 ...

1. beneficiary just wants to change jobs, but not necessarily give up the intention to work with petitioner in the future
2. beneficiary wants to give up intention to work with petitioner. (this is a more restrictive view in my opinion, but nothing says that this is the only interpretation, until the final regulations are out.)

Now let's say the beneficiary changed jobs and his/her case was approved, although no AC21 letter was filed (and this is indeed true for many beneficiaries, since the final regulations are not out yet). In addition, let's say a few yrs down the line, the beneficiary applies for citizenship and his/her GC gets reviewed again. At that time, if an NOIR (notice of "intent" to revoke) is issued due to employment discrepancy, the beneficiary should then be able to declare his/her "future employment intention" at that time.

So, there are cases where your 485 maybe approved, but subsequently reviewed. The review can cause an NOIR (not NOID), which can then be answered with AC21 letter with all the necessary evidence to prove that the word of law was followed.
 
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