ac21eb3toeb2 Posted December 21, 2012 Report Posted December 21, 2012 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.
ac21eb3toeb2 Posted December 26, 2012 Author Report Posted December 26, 2012 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.
Attorney_23 Posted December 26, 2012 Report Posted December 26, 2012 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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