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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 07-28-2008, 07:37 AM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
03/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Dec 2006
Posts: 338
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Default USCIS returned back AC21 ???

My PD is April 2004 and I140 was approved in Jan 2006. I filed AC21 last week with the forwarding letter stating that I was filing AC21, employment verification from the new employer in proper format, paystubs and I485 receipts etc.

Yesterday, I got it back from USCIS with the following letter (I am writing the main part)

"Thanks for your recent query via letter regarding your case. USICS has inquiry tracking system through our National Customer Service Center (NCSC). To ensure ...or check status ..please call 1-800-375-5283 or check status on the website..."

Is that not dump ? I think they did not even read my letter. For a day I kept on thinking as to what should I do. Today I have sent it back again. Has that happened to anybody before ?

Last edited by bsbawa10; 07-28-2008 at 07:53 AM.
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  #2 (permalink)  
Old 07-28-2008, 11:20 AM
Senior Member
Priority Date
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Mar-05
Category
:
EB2
I140 Mailed Date
:
02/08/2007
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:
India
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:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Sep 2006
Posts: 284
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Default Tell them

Tell them you are using AC21 portability rule.
You can also attach the copy of the memo for any newbie USCIS employee.
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  #3 (permalink)  
Old 07-28-2008, 11:46 AM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Default

Quote:
Originally Posted by bsbawa10 View Post
My PD is April 2004 and I140 was approved in Jan 2006. I filed AC21 last week with the forwarding letter stating that I was filing AC21, employment verification from the new employer in proper format, paystubs and I485 receipts etc.

Yesterday, I got it back from USCIS with the following letter (I am writing the main part)

"Thanks for your recent query via letter regarding your case. USICS has inquiry tracking system through our National Customer Service Center (NCSC). To ensure ...or check status ..please call 1-800-375-5283 or check status on the website..."

Is that not dump ? I think they did not even read my letter. For a day I kept on thinking as to what should I do. Today I have sent it back again. Has that happened to anybody before ?
AC21 notifications are unsolicited mail and therefore may not always end up in the right place.

You can try again and make sure you have the right subject clearly mentioned somewhere. For isntance, you are not "filing AC21" as you put it or even "invoking AC21" as many other put it. Rather, you have chosen to notify CIS that you have changed jobs and your pending 485 will continue to be valid as you are claiming eligibility under the visa portability provisions of section 106(c) of the American Competitiveness Act of the 21st Century Act (AC21), Public Law 106-313.
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  #4 (permalink)  
Old 07-28-2008, 11:46 AM
Junior Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
10/20/2006
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
06/10/2007
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ajaypr is on a distinguished road
Default

Quote:
Originally Posted by bsbawa10 View Post
My PD is April 2004 and I140 was approved in Jan 2006. I filed AC21 last week with the forwarding letter stating that I was filing AC21, employment verification from the new employer in proper format, paystubs and I485 receipts etc.

Yesterday, I got it back from USCIS with the following letter (I am writing the main part)

"Thanks for your recent query via letter regarding your case. USICS has inquiry tracking system through our National Customer Service Center (NCSC). To ensure ...or check status ..please call 1-800-375-5283 or check status on the website..."

Is that not dump ? I think they did not even read my letter. For a day I kept on thinking as to what should I do. Today I have sent it back again. Has that happened to anybody before ?
I had the same problem my AC21 letters was rejected not once but thrice.My lawyer was so frustrated, She finally spoke to some other lawyers and found that It has been suggested to use the word "Interfile" on a brightly colored cover sheet to overcome this problem.

In her own words she has described the USCIS clerks as Morons who have been rejecting documents without reading them properly.
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  #5 (permalink)  
Old 07-28-2008, 12:18 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
03/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Dec 2006
Posts: 338
bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute bsbawa10 has a reputation beyond repute
Default

Quote:
Originally Posted by ajaypr View Post
I had the same problem my AC21 letters was rejected not once but thrice.My lawyer was so frustrated, She finally spoke to some other lawyers and found that It has been suggested to use the word "Interfile" on a brightly colored cover sheet to overcome this problem.

In her own words she has described the USCIS clerks as Morons who have been rejecting documents without reading them properly.
Thanks for letting me know. Alas I have already filed it second time ..did not know that "magic word" But I have written in very bold letters and with a pink slip saying "invoking AC21".
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  #6 (permalink)  
Old 07-28-2008, 04:04 PM
Junior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
08/16/2007
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
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Join Date: Jul 2008
Posts: 3
golf52 is on a distinguished road
Default

Hey guys,

So based on these onversations, if I want to change jobs using AC21, I will need a receipt
of my I-485, right? Is that really required?
__________________
golf52
EB3-ROW - Brazil
PD- 01/2003
EAD - sent renewal for 2nd year.
I-140 - approved 06/30/08
I-485 - pending
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