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AC21 - Quick Reference !!
Hi Fellow Trackers,
I see lots of questions are being asked about using AC21. I referred to couple of links [not the discussion forums] and consolidated the main points. Hope it would be useful.
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- AC21 portability is generally available to the applicant whose I-140 has been approved and I-485 has been pending at least 180 days.
- The priority date doesn't change as a result of using AC21.
- The applicant is eligible to use AC21 to change employers multiple times until the GC is approved.
- The applicant can join with the new employer whose location [City or State] is different from the location of the GC Sponsor.
- In most cases, it is the applicant's responsibility to inform the USCIS about the new job. As of now there is no defined or formatted letter to use to inform the USCIS.
- While using AC21, dont forget to inform the USCIS about the following:
i) Address Change, in case if you relocate to a new apartment, city.
ii) Attorney Change, in case if you use a different attorney than the one who filed your I-485.
iii) New employer
- There can be a difference between the salary offered by the new employer and the salary mentioned in I-140/LC. However, if the difference is too low or high, then USCIS might issue an RFE to verify if the new job is in the same occupational classification. Also, the percentage of allowed difference between the salary from GC sponsor and the new employer is not yet defined.
- There won’t be any RFE for the employer to show the proof of 'ability to pay'. However a RFE is possible to confirm the legitimacy of the new employer and the job offer.
- Make sure the offer letter from the new employer has the same job description/duties detailed in the ETA 750 or in the I-140 application. The job title can be different as every company uses different title.
- The applicant can port himself/herself to self-employment as long as the new job is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
- The USCIS stated in an August 4, 2003 memo that, if the GC Sponsor revokes an approved I-140 petition after the I-485 application has been pending for 180 days or longer, and there is no notification on file that the beneficiary is using AC21 portability, the USCIS must then issue a Notice of Intent to Deny (NOID) the I-485. In order to prevent the USCIS from issuing a NOID, it is generally advisable for the applicant to notify the USCIS of the job change under AC21 as soon as possible.
- If you suspect that the GC Sponsor can withdraw your approved I-140, then use a lawyer and inform the USCIS as soon as possible. It seems, sometimes, USCIS is not handling/encouraging the unsolicited mails properly and hence your notification might be lost in the pile or reach the data entry operator very lately. Meanwhile, USCIS might issue a NOID. So, get the help from the lawyer.
- The applicant can be without job in hand when I-485 is pending[pre-adjudicated] but at the time the I-485 is being adjudicated under AC21, the applicant SHOULD have an employment with the same job description/duties detailed in the ETA 750 or in the I-140 application,
- In order to avoid problems during naturalization (applying for citizenship), the applicant should be with the employer whose name is in the file at the time of I-485 approval for at least 180 days.
- Apply for EAD renewal at least six months in advance before it expires. It is not like H1B extension in which you can start or continue working once you file for the extension. If you are working in EAD, it is illegal to work after expired date though you have applied for the EAD renewal. ie.) EAD card expires on 01 Jun 2008. You have applied for extension on 01 Feb 2008. In case if you are not receiving the card on or before 01 Jun 2008, you are not supposed to work after 01 Jun 2008 until your new EAD card arrives.
- The only difference between the GC and using the AC21 is, using AC21, the applicant SHOULD be working in the "same or similar" occupational classification, whereas using GC, the applicant can work for any employer and take any kind of jobs.
Reference:
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http://www.murthy.com/news/UDac21qa.html
http://www.murthy.com/news/n_porret.html
http://www.murthy.com/news/n_yatmay.html
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Note : I am not a lawyer [ I have not seen any lawyer in person :-) ] ; so make your own decision and consult with your beloved ones and lawyer before using AC21.
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