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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  
Old 01-05-2009, 05:37 PM
pal351 pal351 is offline
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Question AC 21 Question- Ron Grotcher Advice

I know, It may be dumb quetion and So many people already asked. But I have some comments from Ron Gotcher and need seniors suggessions.

I am recently joined new company and my 485 is Pending. I contacted with RON GROTCHER LAW Firm. Here is their Advice

"Our office recommends that you do not invoke AC-21 due to the
unnecessary
delays that can be caused by such a notification. You are not required
by
any law to notify the USCIS of your change of employment. In the event
the
USCIS issues an RFE requesting an update in your employment, we may
then
provide the information. It is extremely important that you do not
provide
information to the USCIS unless it is requested. This will prevent any
further inquiries from their Service, which could very well result in
delays"

Peter Clark | Senior Paralegal - Resident
Department | The Gotcher Law
Group, PC
15300 Ventura Blvd., Suite 507, Sherman Oaks,
California 91403


Now I am in Confusion what to do. Please input your thoughts.



Thanks in advane.
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  #2  
Old 01-05-2009, 05:58 PM
kevinkris kevinkris is offline
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Default Seems right..

I think when we get our PD current and if USCIS picks our application they will just approve our GC if everything is fine for the officer.

In case of issues they will send question directly to us as it's 485.

So we should be fine.

If we invoke AC21 they will get to know that there are issues with this petition.

On the flip side:
Only issue comes is if old employer cancels the I-140 petition underlying the 485. Then it will trigger the problem and in that case AC21 papers will be handy.

It's a tough situation for all of us. Hope USCIS does something solid on AC21 front.
With the economy in bad shape most of the people need clear path for AC21.

Quote:
Originally Posted by pal351 View Post
I know, It may be dumb quetion and So many people already asked. But I have some comments from Ron Gotcher and need seniors suggessions.

I am recently joined new company and my 485 is Pending. I contacted with RON GROTCHER LAW Firm. Here is their Advice

"Our office recommends that you do not invoke AC-21 due to the
unnecessary
delays that can be caused by such a notification. You are not required
by
any law to notify the USCIS of your change of employment. In the event
the
USCIS issues an RFE requesting an update in your employment, we may
then
provide the information. It is extremely important that you do not
provide
information to the USCIS unless it is requested. This will prevent any
further inquiries from their Service, which could very well result in
delays"

Peter Clark | Senior Paralegal - Resident
Department | The Gotcher Law
Group, PC
15300 Ventura Blvd., Suite 507, Sherman Oaks,
California 91403


Now I am in Confusion what to do. Please input your thoughts.



Thanks in advane.
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  #3  
Old 01-05-2009, 06:08 PM
ruchigup ruchigup is offline
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Default Same reply

I got pretty much ditto reply from Fragomen. They are the law firm at my new job. I accepted the new offer and have not invoked AC21 since.



Quote:
Originally Posted by pal351 View Post
I know, It may be dumb quetion and So many people already asked. But I have some comments from Ron Gotcher and need seniors suggessions.

I am recently joined new company and my 485 is Pending. I contacted with RON GROTCHER LAW Firm. Here is their Advice

"Our office recommends that you do not invoke AC-21 due to the
unnecessary
delays that can be caused by such a notification. You are not required
by
any law to notify the USCIS of your change of employment. In the event
the
USCIS issues an RFE requesting an update in your employment, we may
then
provide the information. It is extremely important that you do not
provide
information to the USCIS unless it is requested. This will prevent any
further inquiries from their Service, which could very well result in
delays"

Peter Clark | Senior Paralegal - Resident
Department | The Gotcher Law
Group, PC
15300 Ventura Blvd., Suite 507, Sherman Oaks,
California 91403


Now I am in Confusion what to do. Please input your thoughts.



Thanks in advane.
__________________
EB2 India, PD: Nov 1 2004
NSC - RD:July 2, 2007, ND:Aug 10, 2007
I-485 RFE: Employment verification 04/17/2009, Case resumed 5/12/2009
I-485 Approved 9/15 & received cards 9/21 !!!
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  #4  
Old 01-05-2009, 06:08 PM
NKR NKR is offline
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Default

Even though we are not mandated to inform, what I think is that they would know it anyway when the employer revokes 140. It is a burden on the employer to hold onto the 140 application of an ex-employee cause the employer has to show the ability to pay. Then one might receive an RFE...
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  #5  
Old 01-05-2009, 06:40 PM
pal351 pal351 is offline
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Default My employer(previous) will not revoke My 140

Quote:
Originally Posted by NKR View Post
Even though we are not mandated to inform, what I think is that they would know it anyway when the employer revokes 140. It is a burden on the employer to hold onto the 140 application of an ex-employee cause the employer has to show the ability to pay. Then one might receive an RFE...
In this case, I have that advantage that my old employer will not revoke my
I140

Ruchigup, how long you are with New Job? I am just 3 weeks with this new job.

Thanks.
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  #6  
Old 01-05-2009, 06:46 PM
desitechie desitechie is offline
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Default

Some lawyers like Murthy and Rajiv Khanna are in favor of sending AC21 notifications whereas Fragomen and Ron Gotcher are against it.

Its better to go with the new companys lawyer as they will take care of any potential RFE's in future.

I invoked AC21 and my new companys lawyer did send the notification.
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  #7  
Old 01-05-2009, 07:15 PM
ruchigup ruchigup is offline
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Default

I started at new job beginning september 2008. I also had some kind of verbal assurance that they won't revoke I-140.



Quote:
Originally Posted by pal351 View Post
In this case, I have that advantage that my old employer will not revoke my
I140

Ruchigup, how long you are with New Job? I am just 3 weeks with this new job.

Thanks.
__________________
EB2 India, PD: Nov 1 2004
NSC - RD:July 2, 2007, ND:Aug 10, 2007
I-485 RFE: Employment verification 04/17/2009, Case resumed 5/12/2009
I-485 Approved 9/15 & received cards 9/21 !!!
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  #8  
Old 01-05-2009, 07:19 PM
ruchigup ruchigup is offline
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Default

One of my friend who joined Microsoft in Seattle is having her AC21 filed. I don't know the name of the law firm.

I am thinking some law firms favor this in order to make extra money as filing fee for AC21

Quote:
Originally Posted by desitechie View Post
Some lawyers like Murthy and Rajiv Khanna are in favor of sending AC21 notifications whereas Fragomen and Ron Gotcher are against it.

Its better to go with the new companys lawyer as they will take care of any potential RFE's in future.

I invoked AC21 and my new companys lawyer did send the notification.
__________________
EB2 India, PD: Nov 1 2004
NSC - RD:July 2, 2007, ND:Aug 10, 2007
I-485 RFE: Employment verification 04/17/2009, Case resumed 5/12/2009
I-485 Approved 9/15 & received cards 9/21 !!!
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  #9  
Old 01-05-2009, 07:24 PM
div_bell_2003 div_bell_2003 is offline
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Default

Funny , Fragomen was the attorney for my new company too, and they filed for my AC21 without asking a question .... I think it's the whim of the attorneys.

Quote:
Originally Posted by ruchigup View Post
I got pretty much ditto reply from Fragomen. They are the law firm at my new job. I accepted the new offer and have not invoked AC21 since.
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  #10  
Old 01-05-2009, 07:37 PM
ruchigup ruchigup is offline
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Default

That's interesting. Looks like company's internal immigration department also get into play in deciding whether they want to pay for AC21. But I think it is not per person policy at my new company. They have said no to AC21 for everybody (3-4 people I talked to)

Quote:
Originally Posted by div_bell_2003 View Post
Funny , Fragomen was the attorney for my new company too, and they filed for my AC21 without asking a question .... I think it's the whim of the attorneys.
__________________
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NSC - RD:July 2, 2007, ND:Aug 10, 2007
I-485 RFE: Employment verification 04/17/2009, Case resumed 5/12/2009
I-485 Approved 9/15 & received cards 9/21 !!!
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  #11  
Old 01-05-2009, 10:22 PM
axp817 axp817 is offline
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Default

New employer has Fragomen as their attorneys, Fragomen had me file AC21 paperwork. No, new employer doesn't have an internal immigration department, just HR.

Hope this helps.
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  #12  
Old 01-07-2009, 12:03 PM
fixxer fixxer is offline
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Default

I switched jobs but never invoked AC21. My attorney also said that we should wait and see if USCIS requests for more evidence.
Anyways, my question is, is there a way to see whether my old employer revoked my 140 or not?

Thanks.
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  #13  
Old 01-07-2009, 12:13 PM
vin13 vin13 is offline
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Default AC 21 letter

Guys,
I think it is a matter of personal preference on whether you want to submit a letter regarding the new employment.

If you feel your old employer is not going to cancel your i-140 and will forward you any RFEs in future, then there is no need for the letter.

I did get an RFE on my 485 and was sent to the attorney on file and not directly to me.

So if you are not in good terms with your old employer or is not cooperative then it may be worth submiting a letter regarding your new employment.

Since the letter is not mandatory, make your own call based on your situation.
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  #14  
Old 01-07-2009, 01:21 PM
pal351 pal351 is offline
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Default Its Easy to find out the Status of 140 if

Quote:
Originally Posted by fixxer View Post
I switched jobs but never invoked AC21. My attorney also said that we should wait and see if USCIS requests for more evidence.
Anyways, my question is, is there a way to see whether my old employer revoked my 140 or not?

Thanks.

Its easy to find out the Status of 140 if your pervious Employer Cancelled your I140
On reagular USCIS Case check website check the status with the Reciept #. if they cancel status will change to cancelled otherwise it says approved doc sent.

Hope this helps.
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  #15  
Old 01-07-2009, 01:25 PM
fixxer fixxer is offline
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Default

Quote:
Originally Posted by pal351 View Post
Its easy to find out the Status of 140 if your pervious Employer Cancelled your I140
On reagular USCIS Case check website check the status with the Reciept #. if they cancel status will change to cancelled otherwise it says approved doc sent.

Hope this helps.

OK, I just checked on the website and it still reads this:

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Approval notice sent."

So I take it it hasn't been revoked.
Sweet!

Thanks man.
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