what documents are requied for AC21

L

leeegary

Registered Users (C)
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.
 
Just tell the potential employer you will need an employment letter with job description very similar to what you've submitted to INS with your LC/I-140 application.
In case of RFE you may need some additional documents from your employer - showing the company's financial health and ability to pay you the salary stated in the employment letter. You could not know up front what exact documents BCIS will request - so do not worry about it now. You can address this issue later when it comes to this.
 
list of required docs for I-485 interview

Well if you are asked for an interview regarding your I-485 application, then the BCIS would send you a very generic list of documents. For e.g., my lawyer said some of the document I don’t have to provide because I am single but BCIS always send a very generic list anyway.

This list is huge but as far as what is it you should ask the new employer (say XYZ) is the following: (according to my lawyer)

1) A corporate seal and signature on XYZ employment letter
2 Last 3 Pay stubs from XYZ
3) 2002 federal taxes from XYZ if your interview is in 2003

Then I spoke with an accountant and asked him what if XYZ doesn't offer number 2 (above). He said, as an alternative you could provide the following (for my I-585 interview):

1) 1120 (Which is IRS Federal Corporate Tax Return)
2) 941 (Which is Quarterly Annual Report for Corporation)
3) Cancelled Checks

The alternatives for number 1 and 3 are already listed under the discussion with title “Pay stub alternatives” on this forum.

Regarding the employment letter, it should also indicate how many dependents you claim and your date of birth in addition to what teddd_b said.

I have my I-485 interview in October this year and I still did not ask my employer for anything. I just want to wait 1 month before the interview so she won’t make use of me and think I work hard just for that.

Anyway, I hopr this is helpful for you. Let me know if you have anyquestions.

Good luck
 
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Teddy or Cligman or others who got RFE after using AC-21:
Did u guys had issues on the Salary for the new job offer..for eg if it was lesser than the labor salary? I am trying to post the issue of accepting lesser salary using AC-21 and not able to get an exact answer. Some people says its fine, some say that the issue of salary is still unsettled and it has to be the same as that mentioned in the labour certification.
Thanks
 
salary is irrelevent for new job

According to my lawyer, Ac21 doesn't mention anything about location and salary in relation to the new similar job. Therefore, salary should not be a problem as long as it is above the poverty line. Each state has a different povery line. So please check to see what is your. For a single in NY, it is $15000 per year. But I am not sure exactly.

So as long your job description is the same or similar to the the previous one, then there is no issues. Of course, you have to provide the documents above.

Nobody will tell you the required salary since there is no guidelines released by BCIS. As long as there are no guidelines, you are in a safe situation. Meaning you don't have to worry to find a job that offers the prevailing salary.

If you want to confirm my points, please visit murthy.com and go to chats and do a search for "salary and ac21". I have confirmed already my lawyers' point.
 
Cligman & Other Experts,
Cligman's argument makes sense. Does this mean that "Salary" is different than "Wage" ? . On the LC a Rate of Pay -Basic Salary is mentioned which I was talking about that the new employer or an existing employer has to give after approval of Residency. On the LC application there are a few employer certifications statements and one of them is :
"The wage offered equals or exceed the prevailing wage and I guarantee that,if a labor certification is granted,the wage paid to the alien when the alien begins work will equal or exceed the prevailing wage which is applicable at the time of the alien begins work ".
Also on the certified LC the Ind. code/Occ. Code and Job title is mentioned.
So it looks like the salary should be more than the prevailing wages for that Occ.Code and normally it is not more than 25-30/hr or whatever is applicable.So any Salary above that figure should be fine.
Am I correct in interpreting them ?
We are not lawyers and the BCIS are the final authorities in deciding these matters ,hopefully they come out with clear instructions.
Forum users / Experts- who used AC-21 and had encountered the salary issue on their RFE,please give your valuable feedback.
Thank you all so much.
 
We were deviating away from the original subject of this thread,so I have created a separate thread in this forum for the "Salary" issue. Thank you "Cligman" for your valuable feedback.
 
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