What Sould I do for AC-21....

W

wellwisher2002

Registered Users (C)
What are the things required to file AC-21. Like what steps are involved. What is the procedure?. I am on EAD with some other company. Sponser company is not happy with me. Should I file AC-21 or ?? What are the harms of fileing of AC-21 or not filing?

Thanks in advance.

RD: 04/06/2002
 
You can decide to file or not decide to file. It is upto you. People will give different stories.
If you decide to change,
1. You need not file ac-21. You talk to your lawyer and see what he wants to do.
2. Your new employer should be willing to give the emp. letter, stating that it is full time, same/similar job description, around the same salary that was mentioned in the labor, and if possible with the same job title, in case of RFE.
3. If you don't receive rfe, you don't have to worry anything.
 
Thanks a lot. Sorry for replying so late as I was away from the ...

But is there any possiblity that my ex company can withdraw my I-140?

Thanks ...
 
If 6 months after approval of your I-140 have passed, I think you are safe. . . He will not be able to revoke.
 
Originally posted by gcgcgcgc
He will not be able to revoke.
Click to expand...

I don't think so. The entire 485 application rests on the I-140, which is the employer's application. Under AC21, if the employer were to withdraw the I-140 after 6 months of filing 485, the USCIS possibly could issue a notice to you. You can respond by showing another job offer.
 
Thank you very much. It means that if there is any doubt and always live in tension then I think its better to file AC-21. Am I right.? But what should I do for it. What are the steps....I don't have any attorney ....

Thanks in advance...
 
There is no concept of safety or risk mitigation with filing AC21. If you have a I140 approved and I485 pending for over 180 days- you are safe. You simply need the 'similar' job at time of adjucation/RFE.
How and when you file it? You don't have a lawyer! You need a copy of your approved labor and I140. Any new lawyer or common-sense can be utilized for it. There are all kinds of opinions and strategies- the law is not very clear. Follow AC21 threads for general opinions.
HTH
 
sb_tiger
How one could have copy of labor and 140. As these are employer's petitions and employers do not provide copy for that. At least my employer refused to give copies of that. What are the options in that case. Is it not possible to use AC21 in that case.
 
Originally posted by sn99
sb_tiger
How one could have copy of labor and 140. As these are employer's petitions and employers do not provide copy for that. At least my employer refused to give copies of that. What are the options in that case. Is it not possible to use AC21 in that case.
Click to expand...

Search in this forum, but i think u can use FOIA to get copies of labor and 140. But the problem, in a situation where the employer is not helpful is getting a copy of I485 receipt.
I have asked this forum, but haven't got an answer so far, other than trying to somehow get it from the employer itself.
 
485 is an employee petition- so the co lawyer etc would be obliged to give it to you.
Else a new lawyer should be able to do a G-28 represenation agreement and get all that from BCIS.
There is some strategy to find labor details thru the labor website- search the forum for links.
Thanks
 
sb_tiger,
The labor details you are talking about are no longer available. Yes I had seen that when they were available. Only useful information I found was the Title. My company filed most of the labors with title "Software Engr".
I belive this site was showing up individual's salary etc, so it might have withdrawn.
Do you need the Labor copy for AC21 or knowing just the title should be enough?
 
I would think you don't necessarily need the copy of labor. The essence of the matter is 'similar' job description. You should/would know what the general job description is- the words etc need not be an exact match. You know what you do - Java/Oracle/C or whatever -> make suitable generic description rather an all encompassing description for your new job.
HTH
 
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