What is needed for applying for AC21 Portability

S

Sricanth

Registered Users (C)
I have a received a RFE and would like to respond to it. Changed jobs but did not inform INS.

BCIS wanted the following information:

1. Employment Verification Letter with position, salary/wage, and the specific duties to be performed.

2. Tax Documents Forms 1040 for the 2003, 2002 and 2001 along with all the Schedules and Attachments for each year.

3. Forms W-2 for 2003, 2002 and 2001.

4. Submit three most recent pay stubs.

5. If you are not currently working for the petitioner, explain why.:eek:

I have already submitted all the required docs to my attorney except for the explanation why I am not working for the i-140 petitioner.

Attorney wants me to write a letter saying that I changed job using AC21 portability. He says he cannot write a letter for AC21 portability. He says I need to write and sign it and send it along with the RFE.:eek:

I would like to know what should be the format for the AC21 portability letter.
 
RFE

sorry and shocked to see the type of rfe ou have got. Quite intimidatory. Anyway, I am sure you will find lot of help here on this forum. Of course, people have gotten approvals using AC 21. So you should evantually be fine but I can imagine how rough it is now.
I just got to know I got a RFE too.Do not know the contents.
Question to the forum is: can you use AC 21 if ORIGINAL employer does not want to cooperate with responding to rfe? Can you use it once rfe sent but approval yet to occur, if the original employer does not want to support your employment or your GC case, if need be?
 
Last edited by a moderator:
hi sricanth

In the RFE they have asked for Everything.

Did you attach all past W2 (for yr 1999,2000,2001).

I just want to make sure INS again asks for document that has been attached already when u file i 485( say example if u have attached old W2s)


Keep us Updated

Thx
sank
 
Sample AC21 Letter

Hi All:
This is the AC21 letter I sent to USCIS. I sent this letter immediately after I took the new job. I did not wait for the RFE. My I-485 got approved in March 2004 (ND 2/2002).
Let me know if you need any more information.
Good luck.

Date

US Citizenship and Immigration Services
Nebraska Service Center
P.O. Box 87485
Lincoln, Nebraska 68501-7485

Re: Adjustment of Status Application I-485 LIN XX-XXX-XXXXX, Your name

Dear Sir/ Madam:

This letter is to inform you that I have accepted fulltime employment with <new employer name>. The notice date on my I-485 Application is <notice date>. I remained with <old employer name> for more than six months after the submission of my I-485. I am enclosing herewith a copy of my I-485 receipt.

As of <start date at the new job>, well after my I-485 application had been pending for over 180 days, I accepted employment with <new employer name> and continue to be offered long term employment with <new employer name>. This position and its responsibilities are similar to one I had with my earlier sponsoring employer <old employer name>.

A letter from my current employer, outlining the terms of my employment is included with this letter.

If you have any questions, please feel free to contact me.

Sincerely,

Your name
A# XX XXX XXX
LIN-XX-XXX-XXXXX
Your address
 
Could you also provide some information of the documents you attached. Like the format of the letter you got from your employer. Also did you use a lawyer ?

BB
 
Documents attached

Apart from the AC21 letter, I attached the following documents:
1. Letter from my current employer
This letter had the date of joining, title, job description, salary
and mentioned that this is permanent job. The job description
was exactly the same as in labor. But the job title was different.
2. Copy of my I-485 receipt

I did it myself.
 
Here is the AC21 Letter I used.
----------------------------------------
<Your Name>
<Your Address>


Month Day, Year


To
Immigration and Naturalization Service
<INS ADDRESS>

Re.: Applicant: Name
Form: I-485
A# <Your Alien Number>
<Service Center>: <Your Case Number>

Director:

This letter is with reference to the Request for Evidence, dated "Month Day, Year" issued by your office.

Under the provisions of the 21st Century Act (AC21) please note that I changed my employment from Company A. to Company B.

The position, job duties and salary/wage at Company B are similar to those of Company A.

If you have any questions or need additional documentation, please contact our attorneys.

Your earliest processing of this petition will be much appreciated.

Sincerely,

<Your Name>


Employment Verification Letter:
----------------------------------------

Month Day, Year

The Director
US Citizenship & Immigration Services
<INS ADDRESS>

Re.: Adjustment of Status Petition
Beneficiary: <Your Name>

Director:

This is with reference to your Notice of Action dated Month Day, Year relating to the above petition.

We hereby wish to confirm that <YOUR NAME> is currently employed with us as a <POSITION> drawing an annual salary of <YOUR ANNUAL PAY>.

As a <YOUR POSITION> his job duties are to <JOB DUTIES FROM YOUR LABOR>.

His position will be full-time, permanent upon approval of his permanent residence application (I-485).

If you have any other questions please contact our attorneys.

HR
NAME
SIGN
 
Can we apply AC21 by ourself

AXP and others

Do we have to go thru the lawyer to file AC21 or we can do it by ourselves by sending letter of using AC21, I-485 receipt and employment letter/offer letter?

Thanks,
Aravind741
 
Re: Can we apply AC21 by ourself

Originally posted by aravind741
AXP and others

Do we have to go thru the lawyer to file AC21 or we can do it by ourselves
----- you can do it without lawyer

by sending letter of using AC21, I-485 receipt and employment letter/offer letter?

Thanks,
Aravind741
Click to expand...
 
Got RFE too...

I found out that I got RFE last nite. So, I do not know what I am RFE for. I do not have a lawyer. I am also using AC21. I haven't inform INS too. Do I need a lawyer?
Anyway, my current salary is 4000 less than my previous company. What should I do?
 
It's upto you

I prepared the AC21 documents myself and sent them to USCIS. I also responded to the rfe without the help of a lawyer.
But it solely depends on you whether you want to do it yourself or use a lawyer.
By the way, my I-485 got approved in March 2004.
Good luck to you all.
 
Hi AXP. Congrats

Can you give your details like RD/ND etc ? Did you have second FP ?

I am also thinking of sending a letter. But I am worried if it will trigger an RFE. Any thoughts on it ?

Also, I was thinking of sending my tax papers along with the letter. But my salary is about 10% lower than the W2 but I took some vacation on it. My current salary is exactly same as I joined my new employer on that condition.

Thanks for any suggestion
 
Details

RD/ND - 2/2002
1st FP - 4/2002
AC21 - 8/2003
2nd FP - 12/2003
2nd EAD - 2/2004
RFE - 2/2004
Approval - 3/2004

I don't think that my proactive approach triggered the RFE. I informed USCIS of job change in August 2003 and got an RFE in February 2004.
I think these days, NSC is sending employment RFE to all applicants.
It's ridiculous that they are expecting us to have the same job for 2+ years, with the same salary, in this kind of economy.
I don't think that you are required to send the tax papers. A letter from your employer, letter showing your intention and copy of your I-485 application receipt should be good enough.
Good Luck
 
Sricanth- why company lawyer instead of Khanna/Muthy?

Sricanth- why company lawyer instead of bigshots Khanna/Murthy?

What made you think about it, i guess u had paid consultation with Ms. Murthy

Thanks,
Rama
 
Sricanth- why company lawyer instead of Khanna/Murthy?

Sricanth- why company lawyer instead of bigshots Khanna/Murthy?

What made you think about it, i guess u had paid consultation with Ms. Murthy

Thanks,
Rama
 
You must log in or register to reply here.
Top