What are documents required when changing employer while pending 485?

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sns_luck

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Guys

What are documents required when changing employer while pending 485?
I know I have to file AC-21 to notify BCIS of change of employer.

I am planning to switch jobs and my new employer(would-be) needs to know what documents i need for this transition.

My current lawyer will not co-operate since he works only for old employer, so would need another lawyer.
All the paperwork as per my case lies with my current employer & lawyer, who would never hand-over the case papers..
My current employer will probably have objection in me taking up another opportunity.

Please Help, if you have any detailed info on above.
I am sure many of us are in similar boat.

Thanks
 
Last edited by a moderator:
I have the same question..

but do we have to file "AC-21"? Can we go directly to the new employer without notifying BCIS, if the current employer has not objection?

experts please help
 
In many of the postings, it was mentioned clearly that it is not mandatory to inform BCIS of a job change. The job change can be communicated only when there is an RFE.

Also the only document your new employer needs is copy of your EAD. Plus the new employer have to file a form W-9.

That's all !
 
USCIS guidance says that it is "expected" that a letter will be sent to them, and does not say it is required. But it is always better to inform about the job change, instead of waiting for RFE.
 
Thanks

Agreed, all that the new employer needs is EAD for me to start working FT with him.
But My problem is my current employer has all paperwork as per my case, and he will not co-operate in my pending 485 case, also all correspondence per my case with my current employer/lawyer,
so how will i get to know about all future queries/approvals/issues as per my case.

How would one resolve that?
The new employer needs to know what best he can do to resolve this?

Please Suggest.

Thanks
 
Re: Thanks

Originally posted by sns_luck
Agreed, all that the new employer needs is EAD for me to start working FT with him.
But My problem is my current employer has all paperwork as per my case, and he will not co-operate in my pending 485 case, also all correspondence per my case with my current employer/lawyer,
so how will i get to know about all future queries/approvals/issues as per my case.

How would one resolve that?
The new employer needs to know what best he can do to resolve this?

Please Suggest.

Thanks
Click to expand...

Ask your new attorney to file G-28 on your behalf, in that way all the further communication will come to your new attorney and you.
 
Thanks...

Thanks, ar888...

I would like to know how can Rajiv Khanna and co. help me in this, since if i need some attorney as representative.

Please let me know how i can persue on this.
I live in Central New Jersey and would need an Attorney to represent my case.

Also suggest the contact info...

Thanks
 
Re: Thanks...

Originally posted by sns_luck
Thanks, ar888...

I would like to know how can Rajiv Khanna and co. help me in this, since if i need some attorney as representative.

Please let me know how i can persue on this.
I live in Central New Jersey and would need an Attorney to represent my case.

Also suggest the contact info...

Thanks
Click to expand...

You can get his contact information on top right corner of this page. Doesn't your new employer have an attorney, who can deal your case?
 
Re: Re: Thanks

Originally posted by ar888
Ask your new attorney to file G-28 on your behalf, in that way all the further communication will come to your new attorney and you.
Click to expand...

But wouldn't he need receipt notice for that? If all the case papers are with the old company how will send G28?
 
Re: Re: Re: Thanks

Originally posted by OmGV
But wouldn't he need receipt notice for that? If all the case papers are with the old company how will send G28?
Click to expand...

sns_luck didn't say he/she didn't have a 485 receipt, he/she gets the receipt when applied for 485.
 
ar888...

ar888

I have absoultely no copies of my GC process, including 485 receipts, that is because my company did not give my home address on any of the applications be it labor or 140 or 485, nor do they give the receipts/documents copies or anything, nor reveal the info, thats the sick company policy (at their mercy).

I was lucky to get the EAC# of my 485 case from one good IIO i called last year.

so how wud i go ahead on this, what will the new employer/attorney need to carry forward my case.

Thanks
 
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How do you get the LC and I140 details for using AC21

Option 1) Request your Employer to give your LC and I140 paperwork.

If this does not work then

Option 2) Hire a new lawyer. Fillup new G28 and request the new lawyer to request your paperwork from your old lawyer. Generally lawyer to lawyer communication should work and you should receive all your info.

If this does not work then


Option 3) Check the below links

http://www.flcdatacenter.com/casesearchperm.asp

http://boards.immigration.com/showthread.php?s=&threadid=92139

http://uscis.gov/graphics/formsfee/forms/g-639.htm

http://www.immigrationportal.com/showthread.php?threadid=83078

Wish you all the best.
 
Hi

Try to take all your recipet copies at least. Especially, I-140 and I-485 and try to find another lawyer right away.

I have been in a smiliar situation like you....
Try to be nice with your old employer until you get your copies....
Wish you all the best and be carefull...

Good Luck.
 
Can employer file 485 Denial Notice...

Hello!

I am also waiting for my pending EAD renewal case and my current EAD is expiring on Jan-31-2004.
EAD renewal application was received by BCIS on 31-Oct-2003,
seems like they still working upto 09-11-03 cases...
Any idea when can i expect EAD renewal Approval...

And I have to start FT with my client next month,
So at such a time, when I change my job, can my current Employer screw my case by sending in 485 Denial Notice to BCIS... coz he has all the papers per my case.

whats the worst case scenario for above.... time is running out and i need to be prepared before talking to current employer...

Help!
Need someone to work this out...
 
Last edited by a moderator:
Re: Can employer file 485 Denial Notice...

Originally posted by sns_luck
Hello!

I am also waiting for my pending EAD renewal case and my current EAD is expiring on Jan-31-2004.
EAD renewal application was received by BCIS on 31-Oct-2003,
seems like they still working upto 09-11-03 cases...
Any idea when can i expect EAD renewal Approval...

And I have to start FT with my client next month,
So at such a time, when I change my job, can my current Employer screw my case by sending in 485 Denial Notice to BCIS... coz he has all the papers per my case.

whats the worst case scenario for above.... time is running out and i need to be prepared before talking to current employer...

Help!
Need someone to work this out...
Click to expand...

Ur employer cannot send 485 denial notice only USCIS can. The only thing employer can do is withdraw I140, but even that may not be possible as per USCIS regulation that it can be done past 180 days [not sure whether it 180 days after ND/RD/approval date]. They can cause other problems like not helping with RFE etc. Further more, I think u would need a copy of I485 Receipt to send in G28.
Other, plz correct me. Sending G28 requires the Receipt notice?
 
Thanks...

Thanks, OmGV & ar888.

I have copies of the below items:
1. Copies of FP1 & FP2 receipt notices that have the EAC# listed on it along with Alien#. FP2 done in Nov-03
2. Current EAD Approval Notice expiring Jan-04.
3. Current AP Approval Notice expiring Mar-04.

Is that good enough to file G-28 & AC-21?

Please Suggest.
Any other risks involved.
 
Last edited by a moderator:
Re: Thanks...

Originally posted by sns_luck
Thanks, OmGV & ar888.

I have copies of the below items:
1. Copies of FP1 & FP2 receipt notices that have the EAC# listed on it along with Alien#. FP2 done in Nov-03
2. Current EAD Approval Notice expiring Jan-04.
3. Current AP Approval Notice expiring Mar-04.

Is that good enough to file G-28 & AC-21?

Please Suggest.
Any other risks involved.
Click to expand...

Yes, your attorney (new) should know how to file G-28 with the required documentation. All they need is A#.
 
Re: Re: Thanks...

Originally posted by GC050102
Yes, your attorney (new) should know how to file G-28 with the required documentation. All they need is A#.
Click to expand...

So are you saying that the new attorney wouldn't need I485 receipt notice? I am not sure if that is correct.

As per another post here, USCIS wouldn't issue a duplicate receipt notice for I 485.
 
Re: Re: Re: Thanks...

Can't the new attorney request for the receipt from the old attorney? Can't sns_luck ask the attorney himself whether he can file G-28 with the avialable info??
 
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