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

W

waavman

Registered Users (C)
Hello,

I am planning to switch from employer A to B. B is a vendor for A and actually pays A who inturn pays a fraction to me. It has been well over 180 days since I applied for my I-485 & Employment authorization through company A and I have my EAD.

(1) I am currently an employee of A. Salary wise, the earlier I join B, the better for me . B says that they could backdate my employment with them to the previous month if I choose. That would be very advantageous to me because they would then pay me all the salary for the previous month instead of company A who would then have paid me a fraction of that. If I follow this route, I would have technically switched from company A to B 1.5 months prior to today. If I file my AC21 with USCIS now, it would be 1.5 months after my employer switch. Is that ok or does AC21 need to be filed with USCIS immediately after my employer switch ?


(2) Can I file the AC21 myself or does it need to be done through an attorney ? Is there a specific AC21 form that needs to be downloaded from USCIS website or is it just a letter that I can write myself ?

(3) I know that for AC21, the job classification for my new job with company B should match the job classification in my original Labor COndition application. Can I get the original Labor condition application copy from my attorney or is there some other route I need to follow ?

Kindly clarify.

thanks
waavman
 
There is no rule that you says how soon (or late) you need to file AC-21. You can file any time or not at all.
Just make sure that when you're switching the jobs
1. I-140 is already approved.
2. I-485 has been pending for at least 180 days.
3. The job category is same or similar ( should be perfectly ok in your case).

A sample AC-21 letter: http://www.immigrationportal.com/showthread.php?t=87534
There is no preprinted form. Use this or amend it or get something else. The gist should be clear.
Try to get the original LC from your attorney. That will be helpful.
 
You only have to send in AC21 documentation if USCIS gives you an RFE or NOID as a result of your job change (triggered by the employer asking them to revoke the I-140). If they do that, you have to respond by the deadline they give you.
 
Thanks for all the clarification NJ and Jack.
But is it ok if I send the AC21 documentation myself or does USCIS give more weightage if AC21 documentation is sent through an attorney ?

thanks
waavman
 
waavman said:
Thanks for all the clarification NJ and Jack.
But is it ok if I send the AC21 documentation myself or does USCIS give more weightage if AC21 documentation is sent through an attorney ?
-----it does not matter if you send or attorney sends
thanks
waavman
Click to expand...

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waavman said:
Hello,

I am planning to switch from employer A to B. B is a vendor for A and actually pays A who inturn pays a fraction to me. It has been well over 180 days since I applied for my I-485 & Employment authorization through company A and I have my EAD.
---------------------------What about your I-140? if I-140 is approved you are eligible for AC21
(1) I am currently an employee of A. Salary wise, the earlier I join B, the better for me . B says that they could backdate my employment with them to the previous month if I choose. That would be very advantageous to me because they would then pay me all the salary for the previous month instead of company A who would then have paid me a fraction of that. If I follow this route, I would have technically switched from company A to B 1.5 months prior to today.
If I file my AC21 with USCIS now, it would be 1.5 months after my employer switch. Is that ok or does AC21 need to be filed with USCIS immediately after my employer switch ?
------------------------------that is OK

(2) Can I file the AC21 myself or does it need to be done through an attorney ?
----------------------- you Can file Or use attorney
Is there a specific AC21 form that needs to be downloaded from USCIS website or is it just a letter that I can write myself ?
-------------------- USCIS has no form for AC21 filing. Cover letter from to request for AC21+copy of I-485 reciept+ New employer Permanent job offer letter with same/similar job duties
(3) I know that for AC21, the job classification for my new job with company B should match the job classification in my original Labor COndition application.
Can I get the original Labor condition application copy from my attorney
-------------attorney may not give you copy of LC. LC belongs to employer A and attorney was hired by A

or is there some other route I need to follow ?

Kindly clarify.

thanks
waavman
Click to expand...

** you should also revoke your form G28 that was filed with your I-485, EAD by past lawyer. if you dont revoke the Form G28 then any RFE or AP approval will go to that lawyer
 
(1) How do I revoke my G28 ?

(2) What do I do if my current employer A refuses to give the original Labor application ? Is my original job classification listed on some other document. I used to a get a bundle of documents from my attorney everytime I renewed my H1 visa. Would any of those documents contain my job classification that I could use ? Is there some other alternative ?

thanks
waavman
 
waavman said:
(1) How do I revoke my G28 ?
----------------- write a cover letter with your Name, A#, Pending I-485 Reciept#, DOB and write to USCIS that Lawyer XYZ no more represent you for your pending I-485 or other pending petitions and you request to revoke the form G28 filed by Lawyer XYZ and in future any communication should be sent to you on your address:........... Sign the letter with date and send it to USCIS service center where I-485 is pending and out side the envelope write in big bold letters: Request to Revoke form G28 with pending I-485.
send the letter with certified return reciept(keep the copy of letter with you)

(2) What do I do if my current employer A refuses to give the original Labor application ? Is my original job classification listed on some other document.
-----------------------------your job duties are on LC part A, I dont think lawyer will give you copy of LC that belongs to employer
I used to a get a bundle of documents from my attorney everytime I renewed my H1 visa. Would any of those documents contain my job classification that I could use ?
------look at the Documents
Is there some other alternative ?

thanks
waavman
Click to expand...

----------------
 
Thanks for the clarification Ginnu.
Another question I have is that my employer A does not like me switching over to company B. If I join company B, can company A jeopardize my greencard process in any way like revoking my I-140 or some other way ?

thanks
 
waavman said:
Thanks for the clarification Ginnu.
Another question I have is that my employer A does not like me switching over to company B. If I join company B, can company A jeopardize my greencard process in any way like revoking my I-140 or some other way ?
thanks
Click to expand...

No. As long as the 140 is already approved AND I-485 has been pending for at least 180 days, employer A cannot harm you in any way.
The worst that he can try to do is to revoke the I-140. This will cause the USCIS to send you a NOID (notice of intent to deny) letter, saying that they will deny your I-485 as the underlying 140 was revoked.
At this point, you can send in the AC21 letter and that will continue the 485 application.
Once again, there is nothing employer A can do to hurt you in any way.
 
In fact, this happened to me. My employer threatened to revoke my 140 when I left him. I laughed in his face and told him to do his worst.
Three months later, I got approved. :)
 
Got Notice returned undeliverable on I140 AND H1

Hi ,

I have changed my job to new company after about 180 days . Last week i recevied 2 emails from USCIS saying notice returned undeliverable for my 140 (approved)and 129 (from old employer) . This week i am going to file AC21 .

I dont know what kind of notices were they , since i had moved my location and . I called USCIS , they said since the 140 and 129 are petitioner application and you are beneficiery so they cant give me any further information on them .

Now i dont know what those notices were and havenlt filed AC21 , so is there any big trouble i am in .

Please advice ,

Thanks
Shreyas
 
shreyas_singh11 said:
Hi ,

I have changed my job to new company after about 180 days . Last week i recevied 2 emails from USCIS saying notice returned undeliverable for my 140 (approved)and 129 (from old employer) .
-----may be the /employer lawyer who filed your I-140 changed the address after filing I-140

This week i am going to file AC21 .

I dont know what kind of notices were they , since i had moved my location and .
I called USCIS , they said since the 140 and 129 are petitioner application and you are beneficiery so they cant give me any further information on them .
------they are correct
Now i dont know what those notices were and havenlt filed AC21 , so is there any big trouble i am in .

Please advice ,

Thanks
Shreyas
Click to expand...

What do you mean by"about 180 days "? was your I-140 approved and I-485 was pending more than 180 days when you changed employer?
are you still on H1 status or used EAD?
 
I meant 180 days after 485 was filed . I joined the new company in february end on H1 .

EB3. India.
PD: Dec 22nd, 2002.
Labor AD: Nov 2006.
140 AD: June 17, 2007.
485 RD: Jul 24th 2007.
 
In the sample AC21 url you have provided at http://www.immigrationportal.com/showthread.php?t=87534, I see a mention of the occupational classification code (SOC:15....) . I am sure my previous employer will not give me the LCA and my attorney also said he cannot. So I will never know what is the SOC code for my LCA. Is it ok if I just put my designation and job responsibilities from the new offer of my new employer on the AC21 and not mention anything about the Job classification code from my LCA filed by my previous employer ?

thanks
waavman
 
Hi ,

Can you please let me if i have to send AC21 application to local INS office as well as Nebraska service center . My lawyer said it is better to send AC21 to both offices.

Thanks
Shreyas
 
Following up on the original thread of my switching from employer A to B, and the useful responses you sent, I have the following 2 questions:

(1)In the sample AC21 url provided by user NJ_SKM, at http://www.immigrationportal.com/showthread.php?t=87534, I see a mention of the occupational classification code (SOC:15....) . I am sure my previous employer will not give me the LCA and my attorney also said he cannot. So I will never know what is the SOC code for my LCA. Is it ok if I just put my designation and job responsibilities from the new offer of my new employer on the AC21 and not mention anything about the Job classification code from my LCA filed by my previous employer ?

(2) Is it absolutely necessary that I have to revoke G28 or can I stick to my current employer A's attorney even though I am switching from A to B.Company A is a small company that hired the external attorney for processing my Greencard. Is there any risk with my USCIS documents continuing to be sent to employer A's attorney ?

Kindly clarify

thanks
waavman
 
shreyas_singh11 said:
Hi ,

Can you please let me if i have to send AC21 application to local INS office as well as Nebraska service center . My lawyer said it is better to send AC21 to both offices.

Thanks
Shreyas
Click to expand...

if your I-485 is with Local office then send AC21 papers to Local office. if your I-485 is still pending with Nebraska service center then send it to Nebraska service center and not to Local USCIS office
 
waavman said:
Following up on the original thread of my switching from employer A to B, and the useful responses you sent, I have the following 2 questions:

(1)In the sample AC21 url provided by user NJ_SKM, at http://www.immigrationportal.com/showthread.php?t=87534, I see a mention of the occupational classification code (SOC:15....) . I am sure my previous employer will not give me the LCA and my attorney also said he cannot. So I will never know what is the SOC code for my LCA. Is it ok if I just put my designation and job responsibilities from the new offer of my new employer on the AC21 and not mention anything about the Job classification code from my LCA filed by my previous employer ?
----------------------------USCIS care about same/similar job duties
(2) Is it absolutely necessary that I have to revoke G28 or can I stick to my current employer A's attorney even though I am switching from A to B.
--------------------better hire your lawyer and dont take help of company A lawyer that filed I-485 OR take help from employer B lawyer
Company A is a small company that hired the external attorney for processing my Greencard. Is there any risk with my USCIS documents continuing to be sent to employer A's attorney ?
----------------------- A's attorney represent A, better hire your lawyer OR take the service of employer B lawyer OR revoke the G28 filed by A lawyer and request USCIS to communicate directly to you on your address.....


Kindly clarify

thanks
waavman
Click to expand...
----------------------
 
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.


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


(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 ?

(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 ?

(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 ?

(6) If I file AC-21 whom should it be sent to and where ?

thanks
waavman
 
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