malhotra_aman Posted September 3, 2011 Report Share Posted September 3, 2011 I filed my GC process in Aug 2007 with company A. After my I-140 got approved and I-1485 was pending for more than 180 days, I moved from company A to B. Now the dates are close to approval (currently Apr 2007 EB2) , I am moving from company B to C. I have not filed AC21 yet with any company. Should I file AC21 with the new company or it too late? At this stage can I even get a RFE from USCIS regarding my current employer? Link to comment
pontevecchio Posted September 3, 2011 Report Share Posted September 3, 2011 Look at http://www.murthy.com/news/n_msscit.html. While the article may not be absolutely relevant to you please discuss your issues with a Lawyer proactively. Link to comment
malhotra_aman Posted September 6, 2011 Author Report Share Posted September 6, 2011 Anyone please? Link to comment
Attorney_20 Posted September 6, 2011 Report Share Posted September 6, 2011 Currently, AC21 law does not require notification to be sent to USCIS although the Service may issue an RFE or NOID requesting the AC21 notification before approving the I-485. Company C should be prepared to inform USCIS that is has the intention to permanently employ you in a full-time position that is in a same or similar occupational classification as the original job offer with Company A. At this point, it may be a good idea to file the AC21 notice to make sure USCIS understands that Company A and B (unsure if you sent AC21 notice for this company) are no longer permanently sponsoring you for the green card and that Company C is the new GC sponsor, based on AC21 portability. You and your employer should contact an experienced immigration attorney to analyze your case and prepare the AC21 notice to make sure you meet all of the required criteria for portability. Link to comment
malhotra_aman Posted September 6, 2011 Author Report Share Posted September 6, 2011 Thanks for the reply. What if I move back to company A which started my GC? In that case, I believe I dont have to file any AC21? And what if I move to company C and I don't file AC21 at all? Link to comment
Attorney_20 Posted September 9, 2011 Report Share Posted September 9, 2011 USCIS may issue an RFE when your priority date becomes current for evidence that the original PERM employer still intends to permanently employ you OR evidence that you are eligible for and have used AC21 to move to a different company. In the event that USCIS asks for this information, you will have to provide it to get your I-485 processed. Link to comment
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