USCIS Update 20100120: I-140, AC21, SuccessorInInterest SII

[jhaalaa]

A new set of Q&As by USCIS to cover Successor in Interest and AC21 portability.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Every clarification and guideline is welcome.
I hope that it is beneficial to the sufferers.

Best Wishes for all.

[coolmanasip]

Thanks for you post.....but nothing new on AC21....same old information in new format.....

[hopelessGC]

The information about AC21 is clear and concise. Very easy to understand. They also have a postal address specific to sending such requests. I did not know that.

[gcformeornot]

for AC21 they have a clear list of supporting documents required.... which is welcome news....

[Michael chertoff]

for AC21 they have a clear list of supporting documents required.... which is welcome news....


Can you please tell me what are the supporting documents? i am not able to find that list. One more question? is it necessary now to file for AC21??

Thanks
MC

[Michael chertoff]

.

[gcformeornot]

Can you please tell me what are the supporting documents? i am not able to find that list. One more question? is it necessary now to file for AC21??

Thanks
MC

Q #8. How can an alien beneficiary submit a request to change employers under INA 204(j)? [Answer Finalized on 12/14/09]

A. An alien beneficiary may supplement the Form I-485 record of proceeding with documentation relating to the new job offer that forms the basis of the INA §204(j) portability request. The alien beneficiary or the Form G-28 representative for the Form I-485 application must send a letter from the new intended permanent employer specifying the job title and duties of the offered position, the minimum educational or training requirements, the date the alien beneficiary began (or will begin) employment and the offered salary or wage. The letter must be issued and signed by the appropriate authority within the new employer's organization who is authorized to make or confirm an offer of permanent employment. In addition, a copy of the Form I-140 approval notice or receipt notice and a copy of the Form I-485 receipt notice should be provided to locate the alien's beneficiary's case file and to confirm that the application has been pending for at least 180 days.

[gcformeornot]

Q #10. Where do I mail Form I-140 petition withdrawal requests and AC21 106(c) portability requests? [Answer Finalized on 06/30/09]

A. The Texas Service Center (TSC) and the Nebraska Service Center (NSC) have established a dedicated U.S. Post Office Box for the submission of:

Form I-140 petition withdrawal requests, and;
AC21 106(c) portability requests.
The use of the Post Office Box addresses is limited to the submission of Form I-140 petition withdrawal requests and AC21 portability requests. The submission of correspondence that is unrelated to this will be sent to the Service Center's General Correspondence Unit.



If the Submission is...

For a...

Then the Submission should be Mailed to...

A Form I-140 Withdrawal Request

Form I-140 Petition that is pending or was approved at the TSC

USCIS Texas Service Center
PO Box 851745
Mesquite, TX 75185

Form I-140 Petition that was approved at the Vermont Service Center (VSC)

An AC21 106(c) Portability Request

Form I-485 Application that is pending at the TSC

A Form I-140 Withdrawal Request

Form I-140 Petition that is pending or was approved at the NSC

USCIS Nebraska Service Center
P.O. Box 87105
Lincoln, NE 68501-7105

Form I-140 Petition that was approved at the California Service Center

An AC21 106(c) Portability Request

Form I-485 Application that is pending at the NSC

Unrelated to a Form I-140 Withdrawal Request or an AC21 106(c) Request

An address other than the addresses noted above. Please go to the Related Links to determine the correct USCIS mailing address.

[sandy_anand]

Thank You for this link, and again how about people who already applied I-140 and waiting years for applying Adjustment of Status, they should find a way for that, they are still considered as H1 Visa holders, and when they go for an extension, they treat them in the same category of people who just applied labor and waiting.

Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.

Any one have update on this?

The USCIS has put this off until June 2010.

[NELLAIKUMAR]

Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.

Any one have update on this?

Even if the Pre-Registration for 485 is implemented it may not be real useful unless EAD is issued along with that. My guess is that you may get pre-approved by this Pre-Registration process, but may have to wait until your priority date for getting EAD.

[WFGC2006]

I have changed my job (eligible to AC21) without sending anything to USCIS, an approach recommended by quite a few here.

Now based on this "who-knows-what" Q&A, shall I collect all the docs about the job change and send them along? Implicitly are these docs required now?

[golgappa]

I guess it is based on with which employer we want to stay when we get GC, if the one who sponsored the GC will be the one with which we want to stay, then my understanding is we dont have to inform USICS in case of Job Change.

also in the case we change employer and want to stay with him after GC approval, then also it is not mandatory to send AC21, but if we dont send it before approval we have to join the employer who sponsored the GC.

my understanding is in case we want to PORT the 485 then only we need to do AC21, otherwise for USCIS we will join the sponsor, that's the reson USICS sends RFE in case sponsor withdraws 140 as he is saying i will not hire.

Please let me know your thoughts...

[Michael chertoff]

I have changed my job (eligible to AC21) without sending anything to USCIS, an approach recommended by quite a few here.

Now based on this "who-knows-what" Q&A, shall I collect all the docs about the job change and send them along? Implicitly are these docs required now?

Same thing i did. i have not send anything to USCIS and changed job. i will wait till they ask. other wise i will just keep quite.

Please suggest if it is necessary to send them letter or not?

Thanks

MC

[golgappa]

There is no question in this new USCIS update..which asks

"Is it mandatory for a beneficiary to inform USCIS whenever he join a employer other then GC sponsor"

The question are like "How can an alien beneficiary submit a request to change employers"

Anybody who has 485 pending and wishes to file AC21 can ask this question and would like to have clear answer from USICS.

please let me know your thoughts...

[golgappa]

Also if we read the answer, the next employer may not the the immediate employer as well, he can just offer a job in future that too when we get GC, as the answer clearly says "or will begin", so in that case that future employer can be anyone GC sponsor, or current employer or anyone in future..

"
new intended permanent employer specifying the job title and duties of the offered position, the minimum educational or training requirements, the date the alien beneficiary began (or will begin) employment

"

[Sri_]

Basic question which was not present in USCIS Update.

How to make sure that USCIS has updated AC21 information against the case. Knowing this will help to be less worried at port of entry (POE) when using parole. If the new employer information is not updated against the case, then the employment info that is specified to POE officer will be out of sync with the info that is available to him which unnecessarily leads to other questions.

Any suggestions to know if the AC21 info is updated against the case.

Thanks

[Sri_]

Not sure if no one has suggestions.
Please suggest on below.

Thanks

Basic question which was not present in USCIS Update.

How to make sure that USCIS has updated AC21 information against the case. Knowing this will help to be less worried at port of entry (POE) when using parole. If the new employer information is not updated against the case, then the employment info that is specified to POE officer will be out of sync with the info that is available to him which unnecessarily leads to other questions.

Any suggestions to know if the AC21 info is updated against the case.

Thanks