What is the best approach for AC21 protability

C

clueless_2

Registered Users (C)
After I140 approval :p and I485 pending for one year I switched my employer this month.

When should I mail AC21 letter to USCIS :eek:
Now or after three months or wait for REF and then.
What are the consequences of each method? :confused:

Your expertise is highly valuable. :)

Thanks
 
I had decided to wait for an RFE and recently got a Notice of Intent to Deny (NOID). I responded to the NOID so hopefully no harm is done, but it has changed my opinion on waiting. If I were in your situation, I would inform USCIS proactively.

If it has been a month since you switched and things are looking stable, informing now would be a good idea.
 
Hi EADWOES,

Thanks For sharing your experience.
What triggers NOID? How do USCIS know that one has changed employers or do they send that notice every one.

thanks
 
Documents Needed

Eadwoes/ Other Gurus,

Can You please tell me what are the List of Documents( everything) I need to send to INS when using Ac-21 Portability and Moreover need to inform INS that I am representing the case myself without Lawyer/Attorney.

Thanks
gc_?
 
gc_q:

Here is what my lawyer sent:

o Cover letter -- quoting AC21 law and my current job status
o Letter from employer stating I am employed in such capacity and would be employed by them indefinitely
o Letter from employer stating the company has been around since 1987 and employs so many people and made so much last year
o Copy of my I-485 receipt notice
o Copy of my LCA

If your company has less than 100 employees, you also need to send the financial statements of your company.

I am not a lawyer and to be honest do not want you to send this without the help or advice of a lawyer.
 
whorl1q:

I do not think there is a time limit as long as you have a valid EAD card. But I am not a lawyer.
 
eadwoes said:
gc_q:

Here is what my lawyer sent:

o Cover letter -- quoting AC21 law and my current job status
o Letter from employer stating I am employed in such capacity and would be employed by them indefinitely
o Letter from employer stating the company has been around since 1987 and employs so many people and made so much last year
o Copy of my I-485 receipt notice
o Copy of my LCA

If your company has less than 100 employees, you also need to send the financial statements of your company.

I am not a lawyer and to be honest do not want you to send this without the help or advice of a lawyer.
Click to expand...

You do not required to send LC, I-485 receipt and Company financial info. Usually an offer letter along with covering letter which would have I-485 receipt number, A# stating that you are making use AC-21 should be sufficient.
In Some cases send company financial info might raise the unnecessary questions. You do not need to send that.
 
Approved : RD Feb 2003 :non-concurrent: VSC

I had changed jobs in April 2004 and did not inform the USCIS based on my Lawyers advice (though the jobs are identical) and I got approved... based on the online case status and email from USCIS(no-rfe) on sept 17 '2004. Have not received the approval letter yet !!
 
Gurus ... plz respond!

Can an I-140 be revoked/withdrawn after it has been approved?

Also, I'm still on H-1B status. If I change using AC-21 now, my employer will withdraw the H-1B and LCA, if I understand right? Will that have any effect on the approved I-140 or the pending I-485? Or does the employer have to separately file to revoke/withdraw the I-140 petition if they wish to?
 
Shaf said:
Can an I-140 be revoked/withdrawn after it has been approved?

>> approved 140 can be revoked only if 485 < 180 days

Also, I'm still on H-1B status. If I change using AC-21 now, my employer will withdraw the H-1B and LCA, if I understand right? Will that have any effect on the approved I-140 or the pending I-485? Or does the employer have to separately file to revoke/withdraw the I-140 petition if they wish to?
>>> if u use AC-21 ur employer will withdraw H1B/LCA? whats the connection
between these two? H1B is transferred when u change jobs and I believe
very few employers actually inform USCIS that they have fired some
employee working on H1. H1 revokation also costs money for a company.

remember LC is used for 140 filing and cannot be reoved. LC is
for a job position and not an individual. approved 140 can be revoked only if 485 < 180 days. I believe employers cant simply keep on revoking
approved 140's b'se somebody left them. They could be asked by USCIS
if too many 140 revokals come from single company. also they've to
provide some reason as to why 140 is revoked.
Click to expand...
 
Thanks, fast_gc_seeker.

What I meant was, when I change, I will be using my EAD for the new job. So my H-1B is terminated and thus my company will not employ an H-1 guy (me) anymore. My company believes that they need to inform USCIS that they are no longer employing that person using H-1B and originial LCA (LCA for H-1B).

So when that information reaches USCIS, will that anyway affect my pending I-485?
 
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