Specific Details Before To Invoke The Ac21

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kike

Registered Users (C)
Well, I'm Ready To Invoke The Ac21 Before My Interview,(in One Month) But I Made A Question To Rajiv The Last Conference, He Said That I Need To Read The Memo; My Question Was: When Can You Change The Job? And When Can You Invoke To Change The Job?
(((if Both Answers Are The Same..... When Applied The Future Offer For The I485, I Mean.. Is Not Suppose That We Can Work For Any Company Before The Gc? Because Is A Future Offer And Is Not Relevant To Work For The Sponsor Before)))
I Didn't Invoke Not Yet.... But I Want To Made Sure If Uscis Can Denied My 485 If I Want To Invoke The Ac21, Because I Started To Work For The Company "b" Before The I40 Was Approved And Obviously Before The 485 Was Pending More Than 180 Days.
Now If The Ac21 Rules Said: To "invoke" To Change The Job we Need To Follow The 140 Approved And 180 Days Run, Now As You Can See I Am Confuse...my I140 Was Approved In Jan 2007 And The 485 Still Pending For One Year I Didn't Invoke Not Yet, I'm Still Confuse If I Did Wrong When I Started To Work For The Company B; But Who Can Clear Me This Detail? Thanks
 
I am also in the similar situation except my I140 already approved. How to invoke AC21 if I join another employer before 180 days. thank you for the clarification.
 
I am in the same situation. I am working for company B.
Company A filed my i-140 and my i-485 with a current work offer. My i-140 was approved.
as I understand it, it does not matter who you work for before the AOS but who will you work for after. If i-485 has been pending for 180 you can change the intent to work from one company to the other.
But I wish one of the gurus will clarify the post
 
hyperdude said:
I am also in the similar situation except my I140 already approved. How to invoke AC21 if I join another employer before 180 days. thank you for the clarification.
Click to expand...
you become eligible only after I-485 pending more than 180 days.
 
techbuyer77 said:
I am in the same situation. I am working for company B.
Company A filed my i-140 and my i-485 with a current work offer. My i-140 was approved.
as I understand it, it does not matter who you work for before the AOS but who will you work for after.
-----------------correct
If i-485 has been pending for 180 you can change the intent to work from one company to the other.
----------------correct (and invoke AC21 if I-140 is also approved)
But I wish one of the gurus will clarify the post
Click to expand...

-------------------------------
 
Thank you Ginnu. Another clarification please. Do I need to be on payroll and work all the time to be in status or I-485 receipt notice and pending status would be sufficient for legal status(before 180 days).

After 180 days if I join new employer, do I need to add payslips from the previous employer also or just invoke AC21 and with a permanent offer would do the trick.

In case I get the interview, do they expect payslip from previous employer or current one only? Thank you so much.
 
hyperdude said:
Thank you Ginnu. Another clarification please. Do I need to be on payroll and work all the time to be in status or I-485 receipt notice and pending status would be sufficient for legal status(before 180 days).


After 180 days if I join new employer, do I need to add payslips from the previous employer also or just invoke AC21 and with a permanent offer would do the trick.

In case I get the interview, do they expect payslip from previous employer or current one only? Thank you so much.
Click to expand...
Pending AOS is a legal status, you dont need to be working for the petioner employer
I understand that to invoke ac21 you need permanent offer letter and if working already with new employer you can add paystubs to prove wages
 
Thank you Techbuyer77. I am still wondering what is expected when you join new employer ..say on 181st day and invoke AC21 immdtly. Obviously you have job offer and other than that nothing. Does USCIS, in that case expect older payslips to prove that you're indeed working last 180 days after filing I485. Or you wait for 2 months to invoke AC21 so that you can add first 2 months salary slips from new employer? I think it's better to invoke AC21 immediately without payslips. Gurus please post your suggestions.
 
as i understand it, it does not matter who you worked before but after the AOS.
If you are currently with your new employer stay there and invoke ac21 when you become elegible with new offer letter and pay stubs if they exist. (That is what my lawyer told me to do). Again I hope any guru will correct me if I am wrong.
 
Source of code

techbuyer77 said:
Pending AOS is a legal status, you dont need to be working for the petioner employer
I understand that to invoke ac21 you need permanent offer letter and if working already with new employer you can add paystubs to prove wages
Click to expand...

Techbuyer,

Do you know how do I get the source that says some one does not have to work for the empolyer as long as he/she has a pending I-485. My wife and I have a pending I-485 (she is the principal). She worked for more than six months after she filed for I-485. After that she did not work because she got sick. We are still waiting for the I-485 approval. The employer still willing to extend her employment. I just need to put my hand on this piece of code.

Thanks
 
do you have a lawyer? ask him/her that question, they must be some kind of code like immigration law code, I guess :)
Good Luck
 
You can look at these AC21 memos for an idea......

Remember Green Card is for future employment...as long as the petitioning offer of employment is still valid, I485 is always valid....

U can treat yourself as a future employment scenario, and agree to join the company after GC approval....so, in the meantime...one can do whatever they want...

U can also think of yourself as applying for Consular Processing...In this scenario, U obviously do not work for the company until GC approval...adjustment of status (485) is only different in the sense that, you are already in US on a different non-immigrant status..

AC21 Policy Memoranda at USCIS

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
 
banta4gc said:
You can look at these AC21 memos for an idea......

Remember Green Card is for future employment...as long as the petitioning offer of employment is still valid, I485 is always valid....

U can treat yourself as a future employment scenario, and agree to join the company after GC approval....so, in the meantime...one can do whatever they want...

U can also think of yourself as applying for Consular Processing...In this scenario, U obviously do not work for the company until GC approval...adjustment of status (485) is only different in the sense that, you are already in US on a different non-immigrant status..

AC21 Policy Memoranda at USCIS

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
Click to expand...


Thanks man. That was a relief.
 
I had an interview with a lawyer yesterday, and please read carefully what did she said:Since you started to work for the company B before your i140 was approved and the i485 wasn't more than 180 days, you cannot be able to invoke AC21 Portabily Okey...where I am?? Now she called and she saidSorry about my interpretation about yesterday but maybe you can invoke AC21 now, before your interview It's just and misunderstanding or I have to find more ways before to invoke, or may be I just need to be with my sponsor using the offer employment letter and then after the GC for a while I can switch employer, I don't Know if I am lucky or not but I have two offers right now...Which one can be more faster...??? A or B
Thanks for your Reply
 
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