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Old 11-01-2007, 05:55 PM
BharatPremi BharatPremi is offline
Senior Member
Priority Date
:
Jul-03
Category
:
EB3
I140 Mailed Date
:
06/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/11/2007
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Join Date: Oct 2006
Posts: 1,347
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Default Summary: Using AC21 safely

Guys,

Here is my understanding. Please add your suggestions and opinions

Goal: Use AC21 safely to achieve GC

Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")

Prerequsites:
------------
Good Relations with X
----------------------

Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period

Bad Relations with X
--------------------

Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)

Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.

Thanks.

AM I MISSING SOMETHING?
__________________
- Past Member, Texas State Chapter: http://www.yahoogroups.com/group/texasiv
- Proud Member of VA/DC/MD Chapter:http://groups.google.com/group/iv-dc-chapter[size="1"]
EB3-PD:07/2003 - Interfiled and successfully ported EB2 on 07/30/13-Greencard approved - 08/26/13 - Physical cards received on 08/30/13.

Last edited by BharatPremi; 11-01-2007 at 06:00 PM.
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