- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Time period to file AC21
- Thread starter piske
- Start date
You do not have to necessarily inform BCIS..I will guess there is no harm in informing though..You will possiblly get a RFE anyway when somobody starts working ur file..
My case is similar as of yours..I informed BCIS after changing my employer....I did so within 2 months of joining my new employer..
I do not remember seeing any time period anywhere for informing BCIS in case of AC21.
My case is similar as of yours..I informed BCIS after changing my employer....I did so within 2 months of joining my new employer..
I do not remember seeing any time period anywhere for informing BCIS in case of AC21.
srini_king
Registered Users (C)
How do you file this AC21- Is it a specific application that needs to be sent in?? (or) is it name of the law??
I have changed employer - Now i need to inform them -- Kindly help!!
- srini
I have changed employer - Now i need to inform them -- Kindly help!!
- srini
How do you file this AC21- Is it a specific application that needs to be sent in?? (or) is it name of the law??
---- Your new lawyer will draft the letter for AC21 and your Intent change. Your new employer has to sign the letter for future permanent job offer. Better keep the same job title as on approved LC by past employer and write the same skill set on letter and lawyer or employer should write that it is same/similar job for which the LC was approved. No need to worry if you don’t inform now BCIS will send RFE to you before approval of I-485 but if you inform now it will be much better. Also fill up the new G28 to change the lawyer;(if you don’t believe in past company lawyer) your new lawyer will give you the form G28. Your new lawyer can also get your complete file from past lawyer.
Your lawyer will also attach the AC21 BCIS august memo copy
Find the MEMO:
AC21 MEMO ON BCIS Site
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
IF the above-posted link for Memo is not working you can read below and go to page 3
http://www.visalaw.com/03sep1/newsletter.pdf
I have changed employer - Now i need to inform them -- Kindly help!!
---- Any good lawyer knows how to draft letter for AC21 and have the knowledge about recent BCIS memo link posted above.
Good Luck!!
---- Your new lawyer will draft the letter for AC21 and your Intent change. Your new employer has to sign the letter for future permanent job offer. Better keep the same job title as on approved LC by past employer and write the same skill set on letter and lawyer or employer should write that it is same/similar job for which the LC was approved. No need to worry if you don’t inform now BCIS will send RFE to you before approval of I-485 but if you inform now it will be much better. Also fill up the new G28 to change the lawyer;(if you don’t believe in past company lawyer) your new lawyer will give you the form G28. Your new lawyer can also get your complete file from past lawyer.
Your lawyer will also attach the AC21 BCIS august memo copy
Find the MEMO:
AC21 MEMO ON BCIS Site
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
IF the above-posted link for Memo is not working you can read below and go to page 3
http://www.visalaw.com/03sep1/newsletter.pdf
I have changed employer - Now i need to inform them -- Kindly help!!
---- Any good lawyer knows how to draft letter for AC21 and have the knowledge about recent BCIS memo link posted above.
Good Luck!!
Ginnu,
That was a very good document. I guess, it clearly states how USCIS should handle the cases. Points to note:
"It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485."
So, it clearly states that if the employer withdraws the I-140 after 6 months, then the applicant has to inform the USCIS about the job change and if not, the USCIS will issue and "Intent to Deny". But if the previous employer doesn't care abt the I-140 and it remains valid, then the BCIS appreciates the candidate filing AC21 about the job.
Thanks,
Piske
That was a very good document. I guess, it clearly states how USCIS should handle the cases. Points to note:
"It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the
petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
officer must issue a Notice of Intent to Deny the pending Form I-485."
So, it clearly states that if the employer withdraws the I-140 after 6 months, then the applicant has to inform the USCIS about the job change and if not, the USCIS will issue and "Intent to Deny". But if the previous employer doesn't care abt the I-140 and it remains valid, then the BCIS appreciates the candidate filing AC21 about the job.
Thanks,
Piske