Is it necessary to apply for AC-21?after I-140 Approved


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Posted

Hi GURUs,

Do we really need to apply AC-21.

My situation is.

With Company-A, My LC,I-140 approved, and 485 is pending from July 2007.

And I have changed to Company-B, And now I-140 also approved,

Since July 2011 , My payroll is also running under company-B.

Is it necessary to apply for AC-21?

Please help me.

Thank you.

Posted

Hi All,

One more point is, I moved to Company-B on EAD.

Company -A.

LC filed on Oct 2003.

140 approved on May 2007.

485 files on July 2007.

Got EAD, and

From Feb 2008, I am on EAD .

Moved to Company-B on July 2007. ( No AC-21 filed)

Filed LC on Oct-2007.

140 Approved on Dec 6 2012 with PD of old LC i.e., OCt 2003.

Now I am waiting for 485 to be processed.

In this situation, Do I need AC-21 to be filed ?

Sorry for posting one more time.

Thanks in Advance.

Posted

We generally recommend that foreign nationals notify USCIS when they are moving to a new position pursuant to AC21. However, this is not yet required by USCIS. If a foreign national fails to notify the government, this may result in USCIS issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), at which point the foreign national may respond with evidence that he/she utilized AC21 to move to a qualifying position.

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