What docs do U need for AC21

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kanjani

Registered Users (C)
I have applied for 485 in Sep 2002 in VSC. Got my I140 approval in Nov 2003. I'm planning to change employer. I am going for the same client so its same job desc and same title but Salary is high because there is no middle man now and I am directly working for the vendor.

The question I have is which LC document has the job title and job description written. Is it on LC or when you file for I140. I don't remember the exact wordings of the job title and job description when Labor was filed. I have to ask the lawyer of teh old company to send me the details but which document shoudl I ask for. I have the I140 approval receipt and I485 documents.


Any help is appreciated.......
 
I have applied for 485 in Sep 2002 in VSC. Got my I140 approval in Nov 2003. I'm planning to change employer. I am going for the same client so its same job desc and same title but Salary is high because there is no middle man now and I am directly working for the vendor.

The question I have is which LC document has the job title and job description written.
---- You need the approved LC copy from past employer or lawyer (approved LC has top page from federal DOL approval and form EATA 750 A has your skills on it get ETA form 750A)
Is it on LC
---- Skills are on LC form ETA750A
or when you file for I140. I don't remember the exact wordings of the job title and job description when Labor was filed. I have to ask the lawyer of teh old company to send me the details but which document shoudl I ask for.
--------- If possible get the complete LC approved copy or the approved Form ETA750A that has your skills in column 14 on it
I have the I140 approval receipt and I485 documents.
 
Thanks ginnu. Really appreciate your help. So I am going to keep the docs ready for applying AC21

- Employment letter from the new employer
- payslips from the last 4 months
- W2 from the last 3 years
- Labor approval notice
- 140 approval notice
- 485 receipt


Did I miss any other documents. I have one more question. I had an address change. I have already filled AR11 form but I guess I have to send some docs to the INS office. Where do I send the address change form. Do I have to call them.

Thanks again for your help.
 
Thanks ginnu. Really appreciate your help. So I am going to keep the docs ready for applying AC21

- Employment letter from the new employer (Employment letter from New employer for future permanent job offer with same skill as on approved LC + your letter to change the intent and to work with new employer after USCIS approves the I-485, you can send both to USCIS with copy of I-485 receipt. it is up to you to send these letters to USCIS now or any time before I-485 approval or if and when you get RFE)
- pay slips from the last 4 months
- W2 from the last 3 years
- Labor approval notice ( form ETA750A is must as that has your skills)
- 140 approval notice
- 485 receipt


Did I miss any other documents.
-----No, enough for use of AC21
I have one more question. I had an address change. I have already filled AR11 form but I guess I have to send some docs to the INS office. Where do I send the address change form. Do I have to call them.
---Address change:
1 Dill up the form AR11 mail it
2 update NCSC on 18003755283 with your name, A#, DOB and provide all the pending petitions #(don’t depend on NCSC they are just contractors after 35 days again check with them if the address has been changed)
3 Send letter to USCIS service center where your I-485 is pending, provide your name, DOB, A# and attachI-485 receipt, write a cover letter to request change your address on all the pending petitions with USCIS. Out side the envelope write in big bold letters: ATTN: Address Change request and send this letter with certified return receipt mail.
Do all the above 3
Good Luck!
 
Helo ginnu

As I was going through this thread I also want to ask you some questions

I got my 140 approved couple of days back and I haven't get my EAD. It's already crossed 6 months. I have a valid H1 till the end of the year. My question is

1. Can I switch the company. I do want to join as an employee which I was working as contractor now.

2. What happens if I have a query on my 485 or EAD !!!

3. Do I have to get the EAD from local office and join the company or else what is your suggestion !!!

4. My current employer is an Indian. I don't think he will give my approved labor or else approved I1-40. If he hasn't give those docs how should I apply for AC21 !!!

5. Not married as of now. Planning to get marry in couple of months. Do u want me to join as an employee before marriage or after marriage !!!

Pls adivse me


Thanks

485/140/765 ND 09/18/2003
RFE 140 11/14/2003
RFE Replied 01/12/2004

140 Approval 03/15/2004
EAD Approval ??/??/????
485 Approval ??/??/????
 
I got my 140 approved couple of days back and I haven't get my EAD.
----- Did you apply for I-485 and EAD, AP?
It's already crossed 6 months.
----- Do you mean I-140 approved and I-485 pending more than 180 days? If I-140 approved AND I-485 pending more than 180 days then you can join new employer and can use AC21, for work you need valid EAD or valid H1, you are also eligible to file 7th year H1 extension based on pending I-485
I have a valid H1 till the end of the year. My question is

1. Can I switch the company? I do want to join as an employee which I was working as contractor now.
------ You can join any employer to use AC21 and new employer must be ready to offer you a permanent job letter to use AC21
2. What happens if I have a query on my 485 or EAD !!!
---- You or your lawyer has to reply RFE, I-485 and EAD belong to YOU not to any employer
3. Do I have to get the EAD from local office and join the company or else what is your suggestion !!!
---- if 90 days have passed from EAD filing receipt then go to local USCIS office and get iEAD or you can join by H1 transfer and lawyer can file H1 transfer and 7th year H1 extension at same time
4. My current employer is an Indian. I don't think he will give my approved labor or else approved I1-40. If he hasn't give those docs how should I apply for AC21 !!!
----- read the other threads or search FOIA , you can get the copy of LC and I-140 under FOIA
5. Not married as of now. Planning to get marry in couple of months. Do u want me to join as an employee before marriage or after marriage !!!
----- Try to be on H1 status if you want to bring your wife in US on H4 status once she reaches US then file her I-485 with your I-485 filing receipt and her I-485 will be joined with your I-485 file. If you don’t maintain H1, she will not be able to reach US on H4
 
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Thanks for your quick reply ginnu,

I haven't applied for my I-485 and EAD on 09/18/2003. But EAD is not at approved till now. What is APO?

If it is advance paroll, then I haven't applied.

with iEAD can I join a different company as an employee !!!

What is FOIA is a brief !!!

Thanks again

485/140/765 ND 09/18/2003
RFE 140 11/14/2003
RFE Replied 01/12/2004

140 Approval 03/15/2004
EAD Approval ??/??/????
485 Approval ??/??/????
 
I haven't applied for my I-485 and EAD on 09/18/2003. But EAD is not at approved till now. What is AP?

If it is advance paroll, then I haven't applied.
AP= advance parole
with iEAD can I join a different company as an employee!!!
------ You are eligible to use AC21 if your I-140 approved AND I-485 pending more than 180 days and you get a future permanent job offer letter from new employer in same/similar job, it is better to join by H1 transfer( I preferH1) or with EAD or iEAD
FOIA=Freedom of information act
 
Who gets the RFE? you or lawyer?

I have a question. When you get an RFE about employment letter, pay stubs W2 etc, who get the mail? Do you get it or the lawyer gets it or both get it?

Thanks again for your valuable advice.......
 
Do I need Labor and i-140 approval for use AC21

HI Genu,

My case is filed with substitute labor. I got my i-140 approved in Dec 03. My i-485 filed in June 03. I don't have Labour and 140 approval notices. My employer don't give those docs to me. Without those docs can I use AC21.

Thanks in Advance.
Tella Nani
 
You don't necessarily need labor and 140 approval notices. The LC helps you get the job description for AC21. You can get both by FOIA- check this forum for that.
HTH
 
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