Upto how many days after switching employers can AC21 be filed.

[ginnu]

Hi,

(1) Does anybody have a sample letter to revoke G28 from my previous employer's lawyer so that USCIS can send all future communications directly to me.
--------------Just write a letter with certified return receipt to USCIS where your I-485 is pending. Out side the envelope write in big bold letters Request to revoke form G29 filed by attorney with pending I-485.
On cover letter write your name, A#, DOB, I-485 filing receipt#(attach also the copy of I-485 filing receipt) Sign the letter with date and your address. Write to USCIS that you want to revoke the form G28 sent by attorney XYZ with your I-485 (or other forms) attorney XYZ no more represent you and form G28 sent by attorney XYZ should be revoked and any communication in future should be sent to you directly on the address…. (keep the copy of letter with you that you send) also update calling 1800 number and make a request to revoke the form G28 sent by attorney XYX. Do both the above.


(2) Where do I send this letter to and what address ?

---To the service center where your I-485 is pending

(3) Continuing from the earlier discussion in this thread, I finally switched from company A to B. Company A was so wild, that it even went to the extent of sending me an attorney letter from some other private attorney demanding a huge amount of money from me for leaving A and joining their client B, which in the end didnot benefit A anyway due to some legal reasons. So I didnot have to shell out any money.

Now, do you recommend I file AC21 or just wait to get a NOID/RFE from

USCIS in case the angry former employer A tries to revoke my approved I-140 ?
-------------------why you want to wait for RFE or NOID? invoke the AC21.

(4) Are there any advantages of filing AC21 regardless rather than waiting for a NOID/RFE (which is just a possibility not for sure) and then applying for AC21 ?
--if dont file AC21 at this time USCIS can deny the I-485 or send RFE/NOID. once they send Denial or NOID more fee to lawyer and with RFE they have started asking many documents.
(5) In case my former employer never revokes my I-140, is there still a need for me to file AC21 for my greencard processing ?
-------------------file the AC21
(6) If I file AC-21 whom should it be sent to and where ?
----------- To USCIS service center where your I-485 is pending.
thanks
waavman

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

 

[waavman]

Thanks for the information Ginnu

(1) As far a filing the AC21, is there any advantage of me having it done through my new employer's attorney (for which I might have to pay since I am on an hourly rate with them and not fixed salaried with them ), versus invoking the AC 21 on my own ?

(2) Samething with regards to the G28. Is there any advantage of having my new employer's attorney send a G28 revoking letter to USCIS and have USCIS communicate all future correspondence to my new employer's attorney over having them sent directly to me ?

thanks
waavman

 

[ginnu]

Thanks for the information Ginnu

(1) As far a filing the AC21, is there any advantage of me having it done through my new employer's attorney (for which I might have to pay since I am on an hourly rate with them and not fixed salaried with them ), versus invoking the AC 21 on my own ?
-------------------you can file Directly or use the new employer attorney (I think you should file through attorney )
(2) Samething with regards to the G28. Is there any advantage of having my new employer's attorney send a G28 revoking letter to USCIS and have USCIS communicate all future correspondence to my new employer's attorney over having them sent directly to me ?
---------------------when file AC21 through attorney He /she will send new G28 and he will take your signature on G28 and can request the USCIS.
thanks
waavman

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

 

[Jackolantern]

(4) Are there any advantages of filing AC21 regardless rather than waiting for a NOID/RFE (which is just a possibility not for sure) and then applying for AC21 ?

Go ahead and file it ASAP. There are recent reports of USCIS directly denying I-485 cases (without NOID or RFE) when the employer revokes the I-140 after 180 days, forcing the "victims" to have to file an appeal or Motion to Reopen.

It is still possible they will immediately deny anyway after seeing the employer's revocation request, without taking the time to see that you sent the AC21 stuff, but at least by sending it up front you have a chance of preventing such a denial.

 

[waavman]

Thanks Jackolaterna and Ginnu for the alert. I am contacting my new employer's attorney to expedite my AC-21 submission

thanks
waavman

 

[waavman]

Hi, sorry for bugging with some more questions,

(1) While I am filing AC21 for myself since I switched employers what about my wife ? She was on a dependent visa (H4) and her 485, Adv Parole and EAD was applied based on my green card application. She now works with her EAD. Before she got her EAD she never used to work. Does her 485 get affected by my changing employers. Does she need to send anything to USCIS separately so that her I-485 processing does not get impacted ?

(2) How do I find my Labor condition application date and LCA approval date ? Is LCA application date the priority date on my I-140 ? How do I find my LCA approval date ?

(3) When I check this link http://travel.state.gov/visa/frvi/bulletin/bulletin_4371.html for current processing times of 485, I see Oct 1st 2001 for EB3 category. Can you let me know what this date is so that I know which of the dates on my USCIS forms/receipt notices that I can map against to see where I stand ?

(4) Can anybody confirm if the above link is the correct place to check current processing dates of I-485 for EB3 category ?

(5) When I specify my start date with my previous employer on the AC21, do I give the date on my offer letter or the date on the original LCA application they filed on my behalf for my Green Card. I donot know whats on my LCA application but I know it could be different. Is it ok if I put my start date on my old employer's offer letter when filling up the AC-21 ?

thanks
waavman

 

[ginnu]

Hi, sorry for bugging with some more questions,

(1) While I am filing AC21 for myself since I switched employers what about my wife ? She was on a dependent visa (H4) and her 485, Adv Parole and EAD was applied based on my green card application. She now works with her EAD. Before she got her EAD she never used to work. Does her 485 get affected by my changing employers. Does she need to send anything to USCIS separately so that her I-485 processing does not get impacted ?
---------------------------- You need to file AC21. your wife need not to do anything.
(2) How do I find my Labor condition application date and LCA approval date ? Is LCA application date the priority date on my I-140 ? How do I find my LCA approval date ?
-----------------LCA is for H1 B. for GC the first step is LC. and PD is the date LC reached DOL. you dont need LC for AC21 . you only need the copy of I-485

((5) When I specify my start date with my previous employer on the AC21, do I give the date on my offer letter or the date on the original LCA application they filed on my behalf for my Green Card. I donot know whats on my LCA application but I know it could be different. Is it ok if I put my start date on my old employer's offer letter when filling up the AC-21 ?
--------------------on offer letter employer will write the date you joined
thanks
waavman

--------------- You need lawyer and talk to New company lawyer for more info.

 

[waavman]

Thanks for all the info you have provided on filing AC21.

As you know these questions were based on my switching from employer A to employer B. But it is also possible that a few months down the road I could join company C which is the end-client I am currently working for through consulting company B. So would you advise me to

(1) file an AC21 for switching from employer A to B and when I join employer C 2 to 3 months down the road, file another AC21 for switching from B to C

OR is it better that

(2) I file an AC21 only once when few months down the road I join employer C, stating that I switched from employer A to C. In this case USCIS would not even know that I joined employer B


Please let me know which option would be advisable and the risks associated with each of these 2 options if any ?

thanks
waavman

 

[waavman]

My I485 is pending and I140 is approved for 4 years now, as stated earlier in the thread and my H1-B expired 2 years ago and I have been working on an EAD.I have switched employers from original employer A to new employer B. I had employer B's attorney file a G28. My Labor was filed through employer A. USCIS sent an RFE requesting evidence from employer B that my current job classification is same as the one on the original labor certification for my greencard given by employer A. I am in the same profession (software engineer) in fact the same end client as I was when I was with employer A. But I couldnot get the original labor cert copy from employer A since they were angry that I left them and joined employer B. So employer B's attorney made an intelligent guess and put my current job title as C++ Software Developer. I donot know what my original labor cert says but if the job classification in that were to be 'Programmer Analyst' then do you think 'C++ Software Developer' and 'Programmer Analyst' fall in a similar job classification ? Please advise.

What are the chances of USCIS rejecting my pending I485 if my original labor certification had 'Programmer ANalyst' as the position ?

Is it a good idea to have a backup H1-B visa ready in case USCIS rejects my I485. If I apply for a H1-B does it affect my pending I-485 or does my pending I485 get automatically cancelled ? Please clarify.


thanks
waavman

 

[Jackolantern]

I donot know what my original labor cert says but if the job classification in that were to be 'Programmer Analyst' then do you think 'C++ Software Developer' and 'Programmer Analyst' fall in a similar job classification ? Please advise.

The job duties are the important factors, not the job title. If the job duties are consistent with most people's ideas of "software developer" and "programmer analyst", that should easily be "same or similar" enough for AC21.

Is it a good idea to have a backup H1-B visa ready in case USCIS rejects my I485. If I apply for a H1-B does it affect my pending I-485 or does my pending I485 get automatically cancelled ?

Yes, you can have an H1B and a pending I-485 at the same time. And yes, it is nice to have an H1B as a backup, but you'll be restricting yourself to a narrow range of employers if you insist on looking for one who is willing to file H1B for you in this economy.