UN, Ginnu please help.....Go or No go for AC21?

[raaj97]

UN, Ginnu/Gurus
I need your advise. My case is couple of months from adjudication. Currently I am working for my I-140 sponsor employer and I am planning to use AC21 to change my present employer for the following reasons.

1.Currently except me no one is working for this company. Many left because of the troubles with employer
2.There is no sufficient revenues for this company as I am the only one on payroll
3.Employer is not paying me and generating my payroll regularly though I am working continuously, reason – employer is like any other typical desi employer fond of giving maximum troubles to employee


Since I am not getting regular pay and pay stubs, though working, and no sufficient revenue for the company, I have decided to move to another company for fear that in case if of RFE like Ability to pay , company financial strength and for latest pay stubs, it is very hard to answer, what I feel.

UN,Ginnu/Gurus, please advise me. Will it be a wise decision to change employer at this moment. My priority date is 15th Nov 2001 and I-485 ND is August 31, 2004. Currently processing date is May first week. Mine and my family’s FPs have already been done and received by VSC. What are the chances of getting RFE and probable type of RFE?. Please help me to bail out myself from the dilemma to go or not for AC21. Also if I change employer, would it be wise to inform through AC21 or wait for RFE?

Thnx in advance

 

[chintamani1]

your 140 is approved, 485 is outstanding for more then 180 days, I would say go ahead and change jobs as long as it is same/similar.

Most lawyers say to wait for RFE to inform of ac21. I'm also of the opinion to wait for RFE. It seems that proactively sending in ac21 doesn't have any benefit.

Hi United Nations,

But i have heard that if we donot proactively inform uscis with AC-21 letter and the 485 gets approved without any RFE or query , then the GC is stamped with old company name and that would mean to go back to old employer and work for them for atleast 6 months as this is a requirement for citizenship later.

Please correct me if i have misunderstood in any ways.

Thanks

 

[sd70]

Hi,

I'm also confused about it. But today i talked to my lawyer and she said now it is mandatory to inform USCIS about your job change using AC21 but incase you didn't and the 485 gets approved without any RFE or query then you send all information with ac21 as early as possible. It will cause no harm but it is safe because then the document will be in your file.
sd70

 

[sd70]

 

[chintamani1]

this has been discussed thousands of times.

You are not REQUIRED to notify of use of ac21.

Please show me a regulation, memo which states it is REQUIRED.

Also, show me anything that states you have to go back to 485 employer if your 485 gets approved and you didn't notify uscis of use of ac21.

Say,we change employer without notifying use of AC-21 and 485 get approved without any RFE & we go for stamping, what company do we mention at that time, old or new?

Thanks
chintamani1

 

[H1BneedGC]

Say,we change employer without notifying use of AC-21 and 485 get approved without any RFE & we go for stamping, what company do we mention at that time, old or new?

Thanks
chintamani1

I am not sure if you will be asked for company's name during your stamping appointment....Many ppl who got their 485 approvals have mentioned that they just took their approval letters, EADs, passport and got it stamped without any issues or questions asked.

Any other thoughts...comments...

 

[fast_gc_seeker]

your 140 is approved, 485 is outstanding for more then 180 days, I would say go ahead and change jobs as long as it is same/similar.

Most lawyers say to wait for RFE to inform of ac21. I'm also of the opinion to wait for RFE. It seems that proactively sending in ac21 doesn't have any benefit.

sending AC-21 proactively can have following advantage if I'm not wrong.

One needs to submit AC-21 only once when he/she leaves the 140 sponsoring company[lets says company A]. If this person currently working for company B quits them in future then he/she dosen't have to submit another AC-21 for moving to company C. correct me if I'm wrong.

 

[almost_there_GC]

United Nations Please help

I am on L1A Manager Executive and 140/485 has been applied on March 4. My spouse, on L2 has her EAD (thru L2) and currently working.
I got my EAD and AP thru GC and am still working on L1 visa. My L1 petition is valid until july 2006.
I have the following concerns -

1. Our visas are expired. We are planning to visit India on June 4 and coming back on July 17. We are planning to stamp the visa in US Embassy in India. Is it doable at this stage. What happens if I140/I485 gets approved/rejected? I have a valid AP, does it matter if I go for stamping the visa? (as my family doesn't have AP).

2. Is it OK to apply for my spouse's EAD thru GC. Or should I wait until I get back from India. As per my understanding if she gets her EAD thru our GC, and uses that, she would loose her L2 status, and there will be a problem in returning back from India. We had not applied for her AP initially and if I apply now, I dont know if it would arrive on time.

3. I am planning to change job in case my 140 gets approved and 485 is pending > 180 days. In that case my wife definitely needs EAD thru our GC as we would loose our L status. When should I apply my spouse EAD thru GC (now or after returning from India).

4. What if 140/485 approves before Sep 05. How long I have to wait before I can change job. Is the 6-months period still a thumb rule? What are the consequences if I change job befor 6 months after getting my 485 approved.

I would appreciate if you could help me out.

Thanks

 

[almost_there_GC]

fast_gc_seeker
How come your I140 approved on the same day as your RD?

sending AC-21 proactively can have following advantage if I'm not wrong.

One needs to submit AC-21 only once when he/she leaves the 140 sponsoring company[lets says company A]. If this person currently working for company B quits them in future then he/she dosen't have to submit another AC-21 for moving to company C. correct me if I'm wrong.

 

[bhayanak]

Below are my thoughts...

I am on L1A Manager Executive and 140/485 has been applied on March 4. My spouse, on L2 has her EAD (thru L2) and currently working.
I got my EAD and AP thru GC and am still working on L1 visa. My L1 petition is valid until july 2006.
I have the following concerns -

1. Our visas are expired. We are planning to visit India on June 4 and coming back on July 17. We are planning to stamp the visa in US Embassy in India. Is it doable at this stage.
****YES
What happens if I140/I485 gets approved/rejected? I have a valid AP, does it matter if I go for stamping the visa? (as my family doesn't have AP).
***if approved, u both will need AP to enter the US, if rejected, u can still enter on ur L1

2. Is it OK to apply for my spouse's EAD thru GC. Or should I wait until I get back from India. As per my understanding if she gets her EAD thru our GC, and uses that, she would loose her L2 status, and there will be a problem in returning back from India. We had not applied for her AP initially and if I apply now, I dont know if it would arrive on time.

*** you can apply for EAD now, as it may take min 2-3 months for approval
even if she used EAD, she can still revert to L2 as long as you hold a valid L1.

3. I am planning to change job in case my 140 gets approved and 485 is pending > 180 days. In that case my wife definitely needs EAD thru our GC as we would loose our L status. When should I apply my spouse EAD thru GC (now or after returning from India).

*** as said earlier, you can apply before u leave for India. However, if you apply for AP, the beneficiary has to be present in US both during application and at the time of AP approval

4. What if 140/485 approves before Sep 05. How long I have to wait before I can change job. Is the 6-months period still a thumb rule? What are the consequences if I change job befor 6 months after getting my 485 approved.

*** you should consider lucky it that happens. if takes > 6 months, then u are a free bird if 140 approved, 485 pending 180+ days and new job is similar

I would appreciate if you could help me out.

Thanks

 

[raaj97]

Thanks UN

your 140 is approved, 485 is outstanding for more then 180 days, I would say go ahead and change jobs as long as it is same/similar.

Most lawyers say to wait for RFE to inform of ac21. I'm also of the opinion to wait for RFE. It seems that proactively sending in ac21 doesn't have any benefit.

Thanks a lot UN for your valuable advise. You are the rudder of this forum ship.
Thnx again
Raaj

 

[almost_there_GC]

Thanks Bhayank (nice name !)
I need some more clarification -

1. If we apply for my wife's EAD now, she would have 2 valid EADs. One thru L2 and other thru GC. Which one she can use? What are the pros cons of using either EAD?

2. If we apply for my family's (wife and son) AP, I very much doubt that we will receive it before June 24 (the day we are planning to visit India). Their going to india is very much fixed and we can not change the dates.
And if we do not apply for my family's AP now, and 485 gets approved while we are in India, is there a way they get the AP from India. What are the other ways to enter US?

3. Also, if 140 gets approved and 485 does not, can I use AC21 on L1A?

Thanks for your reply.

 

[saffronizeddesi]

UnitedNations Help Me!

Is it true that if you inform USCIS about your job change(AC21), you will
benefit for the fact that the old employer cannot revoke already approved 140?

Lets say I changed job after meeting >180 + 140 approved etc...and did not notified USCIS. In this case, my old employer will have more chances of revoking my approved 140. Do you agree with this?


Please clarify as I will be using AC21 in next week and haven't decided whether to sent AC21 proactively or not. My attorney's take is to respond for the RFE but I strongly feel that I should send AC21 because my old employer will be upset with the news and definitely try to revoke my approved 140..

I don't understand the logic. If you are going to submit ac21 to uscis proactively then you should keep sending itfor the company that you will be working with upon greencard approval. If when you move to B then it is company B, if you then move to C then it should be C.

I don't want to give everyone the wrong impression; if you want to notify uscis of ac21 then by all means go ahead and do so. However, if you dont' and greencard gets approved, you are still o.k. legally as long as job is same/similar.

There are just sometimes circumstances where greencard gets approved when you didn't think it was going to and you didn't get a chance to notify of ac21. You will still be o.k. and you don't need to go back to the 140 employer.

 

[fast_gc_seeker]

I don't understand the logic. If you are going to submit ac21 to uscis proactively then you should keep sending itfor the company that you will be working with upon greencard approval. If when you move to B then it is company B, if you then move to C then it should be C.

I don't want to give everyone the wrong impression; if you want to notify uscis of ac21 then by all means go ahead and do so. However, if you dont' and greencard gets approved, you are still o.k. legally as long as job is same/similar.

There are just sometimes circumstances where greencard gets approved when you didn't think it was going to and you didn't get a chance to notify of ac21. You will still be o.k. and you don't need to go back to the 140 employer.

Looks like my comment posted was confusing for you, so I'll post it here again.

Company A - 140 petitioner
Company B - first employer after job change
Company C - second employer after job change

I'm aware that sending AC-21 after joining company B is voluntary. Lets suppose I send AC-21 after joining company B, DO I'VE TO SEND IT AGAIN IF I JOIN COMPANY C/D/E....?

 

[tammy2]

Looks like my comment posted was confusing for you, so I'll post it here again.

Company A - 140 petitioner
Company B - first employer after job change
Company C - second employer after job change

I'm aware that sending AC-21 after joining company B is voluntary. Lets suppose I send AC-21 after joining company B, DO I'VE TO SEND IT AGAIN IF I JOIN COMPANY C/D/E....?

why are you so confused? There is nothing. There is no question voluntary or compulsory here.

If you want you can send for all the companies. Even you can send an offer letter from the future company also.

Point is that send EVL whenever you feel are settled with job. Join the company wait for couple of months see if you can stay there for long time and the send the EVL.
Send it from the one company whichever you feel you will be staying for long time. If you feel uncomfortable do not send any thing wait for RFE. You may get approval without that.

 

[fast_gc_seeker]

why are you so confused? There is nothing. There is no question voluntary or compulsory here.

If you want you can send for all the companies. Even you can send an offer letter from the future company also.

Point is that send EVL whenever you feel are settled with job. Join the company wait for couple of months see if you can stay there for long time and the send the EVL.
Send it from the one company whichever you feel you will be staying for long time. If you feel uncomfortable do not send any thing wait for RFE. You may get approval without that.

There is no confusion, but I want to know what the law says about submiting AC-21.
If somebody wants to submit AC-21 voluntarily, is it enough to submit it only once or one needs to submit it every time he/she changes job?. Thx!

 

[sd70]

cofusion

sending in ac21 proactively will not have any bearing if employer revokes 140.

By regulation, uscis has to revoke an approved 140 if employer requests.

People who have sent in ac21 and employer revoked 140, still received denial, noid, rfe. Eventually they all got approved but it didn't seem sending in ac21 documentation had any positive bearing on their cases.

Hi Unitednations,

I have some cofusion please help me to solve. Well I laid off from company A just after 2 days of my I140 approval and pending I485(more than 180 days). I had another H1B with another company. I joined them but after few days , less than one month after joing of company B got a permanent job offer from company C. It's a totally startup company. They are not going to support my GC and only thing they can give me is EVL. And I have to join them with EAD. In company C my job is totaly similer as LC but position name is Sr. and different and salary 20% more than LC.

If they give me EVL , same/smiler job name and description do you think it will be fine for AC21? What else i need from them?

Because company C is a startup so do you think is there any issue for ability to pay? Can it solve if i send my paystub?

It's now less than one month when i left company A and join company B. And i will join company C after 15 days from now. I didn't send AC21 from company B because i knew i will join company C . So my plan is sending AC21 from company C after 1 1/2 month of left company A . Do you think its good idea?

Please reply.
Thanks.
sd70

 

[sd70]

Thanks friend

sure you can join company c on EAD.

As long as they are giving you employment verification letter, make sure when they describe job duties it is very similar to the labor; title doesn't mean much, 20% wage difference shouldn't be a problem either.

Just make sure you are getting paid what they are offering you on the EVL.

If you want to proactively inform uscis of ac21 with company c then wait until you have a couple of months worth paystubs and then send in ac21.

although sending in paystubs isn't required when notifying of ac21, it is a good indicator that they have ability to pay you.

Hi Unitednations,

Thanks a lot for your opinion........its always give mental strength in a bad situation.

Well i have another question .......
Like company B is a deshi consultency company and in different service center.But I'm working for them with their client in California . And also my residence and I485 serice center is CA. I don't want to change my service center because i'm still working from CA. So if company B include this in EVL that my position and residence is in CA, do you think that will help ?

Give some opinion please.
Thanks.
sd70

 

[sd70]

Thanks A Lot Unitednations. Now I'm Clear In This Issue.
Thanks Friend. Sd70

 

[crystalview]

To UnitedNations, Advice needed !

Hi, UnitedNations:

My situation is presented: http://boards.immigration.com/showthread.php?t=173832&page=1

I-485 cases were denied citing the reason for not showing for FP.

Since my spouse's I-485 was also denied as dependent at the same time, I wonder if I need to file for two MTRs and two separate fees ($110) (pay to USCIS ?). Where to send MTR, the address on the denial letter ?
Which service center did you file MTR, how long it takes ?
If there is no FORMS for MTRs, will I get a receipt and receipt number ? How do I know that status of MTR.

Thanks in advance,

Crystalview




#1 28th December 2004, 12:06 AM
steeler1
Registered User Join Date: Dec 2004
Posts: 11

HELP !!!Spouse 485 denied - fingerprinting not done!

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

Dear Friends,
I am vexed over this situation. My I485 was approved in October 2004. My wife never received her fingerprinting notice, and my repeated enquiries to INS customer service bore no fruit (they kept saying you will get it later).

Today she received a letter from USCIS saying her 485 has been denied becuase she never went for fingerprinting. The fact is that she never received a fingerprint notice (nor did our attorney). But when I contacted VSC through the new customer service line, they say it was mailed in July 2004.

She has a received not an Intent to deny, but a denial itself. I need to initiate a motion to reopen. Can anyone help me with what actions I need to take, and the time frame involved? Any advice/suggestions will be appreciated. Thanks in advance!

steeler1
View Public Profile
Send a private message to steeler1
Find all posts by steeler1
Add steeler1 to Your Buddy List

#2 28th December 2004, 12:32 AM
unitednations
Registered User Join Date: Aug 2003
Location: columbus, ohio
Posts: 3,436

Quote:
Originally Posted by steeler1
Dear Friends,
I am vexed over this situation. My I485 was approved in October 2004. My wife never received her fingerprinting notice, and my repeated enquiries to INS customer service bore no fruit (they kept saying you will get it later).

Today she received a letter from USCIS saying her 485 has been denied becuase she never went for fingerprinting. The fact is that she never received a fingerprint notice (nor did our attorney). But when I contacted VSC through the new customer service line, they say it was mailed in July 2004.

She has a received not an Intent to deny, but a denial itself. I need to initiate a motion to reopen. Can anyone help me with what actions I need to take, and the time frame involved? Any advice/suggestions will be appreciated. Thanks in advance!


If you are not going through a lawyer:

1) file a motion to reopen. there is no form. it is just a simple letter with a heading "motion to reopen".

2) state the facts that fingerprint notice was never received. Include dates of when you initiated inquiries. If you have call logs that show you called customer service you can use that as proof.

3) you need to pay $110.

Once uscis receives the motion to reopen they will usually reopen it within 45 days but they can take upto six months to do it.

If worse comes to worse you could re-apply another 485. Just make sure you do it within six months of the denial, as your wife is out of status right now. Do not leave the country.
__________________
140/485/ead/ap rd 5.12.03
140 rfe, denial (education issues), motion to reopen, finally approved 4/27/04
ead/ap rfe#1 8/03, denied with all applications due to 140, motion to reopen 4/27/04, RFE #2 (same as #1), approved 6/22/04
FP#1, 4/07/04

I'm not a lawyer, but I am a CPA

ny.united@gmail.com