Invoked AC 21- My former employer is notifying USCIS about my resignation

[waiting_4_gc]

Gurus,

I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.

Here are my questions:

1) Should I file AC21 before they (GC sponsoring company) notify USCIS?

2) What will happen to my I-485 application once they notify USCIS about my resignation?

Thanks for your help and time!

[ski_dude12]

You left them to join another company on H1 or on EAD?

Gurus,

I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.

Here are my questions:

1) Should I file AC21 before they (GC sponsoring company) notify USCIS?

2) What will happen to my I-485 application once they notify USCIS about my resignation?

Thanks for your help and time!

[shana04]

Gurus,

I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.

Here are my questions:

1) Should I file AC21 before they (GC sponsoring company) notify USCIS?

2) What will happen to my I-485 application once they notify USCIS about my resignation?

Thanks for your help and time!

1. yes

2. nothing don't worry

[roseball]

Gurus,

I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.

Here are my questions:

1) Should I file AC21 before they (GC sponsoring company) notify USCIS?

2) What will happen to my I-485 application once they notify USCIS about my resignation?

Thanks for your help and time!

1. It does not matter whether you file AC21 before or after your employer notifies USCIS. Since you are already working with a new employer, go ahead and file AC21 before your old employer notifies them.

2 USCIS can send an RFE/NOID on your I-485 asking for proof of full-time permanent employment in same/similar occupation.

[copsmart]

If I were you, I wouldn't worry about it until the CIS send you an RFE or something. However, I would have the EVL and other required documents ready to respond to a possible RFE.

People have received RFEs despite sending AC21 papers, so the papers you send may or may not reach your file.

Gurus,

I left my GC sponsoring company this week for better opportunity. They sent me a letter stating that, they are going to notify USCIS about my resignation.

Here are my questions:

1) Should I file AC21 before they (GC sponsoring company) notify USCIS?

2) What will happen to my I-485 application once they notify USCIS about my resignation?

Thanks for your help and time!

[ram04]

Been there done that.

If you have take care of the following NO worries at all -

-completed 180 days,
-new position responsibilities are in synch with your Laborapplication roles and ressponsibilities( means same job code) and new employer should be ready to provide EVL to that extent

Old employer may revoke I 140 at the most and RFE response will fix that.

OR

MTR will fix it incase of deniel.


All the best.

- Ram

[waiting_4_gc]

ski_dude12, shana04, roseball, copsmart and ram04

Thank you all for responding to my query. Here is the more info regarding my case:

1) I switched to another company on EAD.
2) I worked for GC sponsoring company for over 2.5 years after filing I-485.
3) My current job title and responsibilities are almost same as earlier one.

Today I got a text message from USCIS with an RFE. I am still waiting for the letter in the mail.

Now:
1) What are all the documentation I need from my new (Current) employer apart from Employment Verification letter (EVL)?

2) Can i continue to work for the current employer while my case is in suspended state?

3) Can someone please provide me the EVL format?


Thanks in advance.

[sledge_hammer]

Did you send your AC21 papers?

ski_dude12, shana04, roseball, copsmart and ram04

Thank you all for responding to my query. Here is the more info regarding my case:

1) I switched to another company on EAD.
2) I worked for GC sponsoring company for over 2.5 years after filing I-485.
3) My current job title and responsibilities are almost same as earlier one.

Today I got a text message from USCIS with an RFE. I am still waiting for the letter in the mail.

Now:
1) What are all the documentation I need from my new (Current) employer apart from Employment Verification letter (EVL)?

2) Can i continue to work for the current employer while my case is in suspended state?


Thanks in advance.

[va_dude]

You can definitely continue to work for ur current employer.

All you have run into is an RFE, that's all. For all you know it could be something unrelated too.

Anyway, do keep us posted on what the RFE is about.

Also ur date is EB3-03. Interesting that they are picking up your case and working on it.

[waiting_4_gc]

No, I did not send AC21 papers yet.

Did you send your AC21 papers?

[waiting_4_gc]

Thanks for the info and sure I'll post the info once I've it.


You can definitely continue to work for ur current employer.

All you have run into is an RFE, that's all. For all you know it could be something unrelated too.

Anyway, do keep us posted on what the RFE is about.

Also ur date is EB3-03. Interesting that they are picking up your case and working on it.

[sledge_hammer]

So, what triggered the FRE was probably the cancellation request made by your ex employer. I think the FRE could be about your employment status and they need your EVL if you are currently employed.

No, I did not send AC21 papers yet.

[jungalee43]

If the RFE is about I-140 revoked or withdrawn by your former employer:-
EVL: - Must state your date of joining, your job title and description, your annual salary and MOST IMPORTANTLY prospects for future employment.
Last two years tax returns, last two pay stubs and covering letter from attorney invoking AC21 and explaining in detail how you meet the criteria. Attach copy of 2003 Yates memo for guidelines on AC21.
If you need good attorney, send me PM.
Good luck.

ski_dude12, shana04, roseball, copsmart and ram04

Thank you all for responding to my query. Here is the more info regarding my case:

1) I switched to another company on EAD.
2) I worked for GC sponsoring company for over 2.5 years after filing I-485.
3) My current job title and responsibilities are almost same as earlier one.

Today I got a text message from USCIS with an RFE. I am still waiting for the letter in the mail.

Now:
1) What are all the documentation I need from my new (Current) employer apart from Employment Verification letter (EVL)?

2) Can i continue to work for the current employer while my case is in suspended state?

3) Can someone please provide me the EVL format?


Thanks in advance.

[raj1998]

You left them to join another company on H1 or on EAD?

Does it make any difference, whether joining on H1b or EAD ?? Any effects ?:confused:

[srigc2010]

Hi,
My priority date is march 2005.
I got a good offer from a big company, but they want me to join on EAD and are not willing to do H1B transfer. Is this risk OK? My GC job title doesnot match the new job title though the work is similar. Will this cause any problems? Should I still file for AC21? Or wait till I get RFE? If I file for AC21, what all should I take care?

[waiting_4_gc]

Does Attorney or the applicant receives RFE notification?

[blacksheep]

Please could someone advise?

My priority date is 8/2004 and I have I-485 pending for more than 180 days, I-140 approved. I will be very likely fired before I get green card. I would like find safer job
with same job title as my application is. I don't want use EAD and keep H1B because it allows to appeal if GC is denied.

Is this correct procedure how to change job?
1.my new employer needs file I-9 using my alien number (from I-485).
2.Invoke AC21
- cover letter
- offer from the new company
- paystubs from new employer (if available at time of filing)
- 485 receipt
- 140 receipt
3. my H1B will expire in 2011. If I invoke AC21 do I need ask new employer fill H1B application? Can they have reason don't do it? Can I pay fee $320 by myself?
If H1B application is required upon Green Card portability to new employer
and only following is needed so it better don't use EAD
Form I-129 ($320) can be filled online at USCSI
Latest resume;
One or two latest pay slips;
Photocopy of your existing H-1B visa approval;
Photocopy of your existing valid visa;
Copy of valid passport;
Photocopies of the Form I-94 (Arrival-Departure Record);
Copy of your Diploma/Degree certificate; and
Copy of your social security card.

Please could you let me know if I am wrong on anything?

I also don't understand why there are some many recommedations to contact lawyer.
I think I need on first place find job so I could provide employment verification letter when
they will be adjusting my GC and make sure new employer fill I-9 so I would have legal status.