what documents are requied for AC21 case

[leeegary]

Hi,
I was laid off after 180 days of I-485 filing. I'm looking for a new job. I'd like to see if any one can tell me what information and documents INS asks the new employer to provide for AC21 case. I know INS may ask for different documents based on individual case. I just want to get some gerneral ideas so I can ask for immigration questions when I am interviewed by the possible future employers.
I know the new employer may be asked to provide an employment verification letter with information about title, start date, salary, job description. What information else.

Thank you very much for you help.

 

[Pork Chop]

the BCIS will pretty much let you know what kind of documentation they want if and when the send you an RFE. mostly, in an employment-related RFE, they ask for the documents that you have already mentioned. in your reply to their RFE (or, rather the one your lawyer will prepare), you will additionally mention that you have changed employers exercising AC-21 portability as your i485 had been pending for over 180 days, and that employment details submitted demonstrate that the new job is entirely in accordance with the description and duties as laid out in your approved LC.

some people don't wait for an RFE, and send in a change of employment under AC-21 protection notification to the BCIS with the same kind of documentation as above. this is useful when you fear that the old employer may employ retaliatory tactics, such as attempting to revoke your i140, which will be protected by AC-21 law. however, in case of a layoff, that is usually not a fear, so most people would wait for an RFE before sending any information to the BCIS.

please bear in mind that i am recommending neither course of action to you; what i do recommend is that for AC-21, do get the services of a good immigration attorney who is well-versed in AC-21 law to help your case through successfully.

 

[armie]

Please keep the paystubs from the I-140 sponsor to prove that you worked for them till 180 days after I-1485 application. Apart from that you will need proof of current and continued employment from the employer at the time of RFE was issued.