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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24556
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently on EAD with a pending I-485 application. I changed

Customer Question

I am currently on EAD with a pending I-485 application. I changed employers 180 days after pending I-485 and work with similar job duties. However i have never filed for AC21 after changing employers. I have received an RFE asking me to provide Employment Verification from my new employer . The new employer has no problems providing this information but will not include any details about immigration. Is it necessary for the Employment Verification Letter to contain " the terms and conditions of the Employee's labor petition continue to exist" ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
The new employer has no problems providing this information but will not include any details about immigration. Is it necessary for the Employment Verification Letter to contain " the terms and conditions of the Employee's labor petition continue to exist" ?
No, the letter does not have to state any reference to "the terms and conditions of the Employee's labor petition continue to exist".

The AC21 porting letter is a letter offering you employment.
it has to set out the date your employment began.
The salary you are being paid.
The job duties in great detail. The job details should the the same or similar job description that was in your PERM and the I-140 petition, but no reference has to be made to the immigration documents.

You should write a letter using this link as a sample outline
http://forums.immigration.com/showthread.php?87534-Sample-AC21-claim-letter
Attach the offer of employment letter from your current employer.

Judith
Customer: replied 1 year ago.

Hi Judith,


Thanks for your quick response. I am already working with the new employer and its been about 11 months since i started working for the new employer but however i never notified USCIS about the employer change thro an AC21 letter.


1. Should i go ahead and file for AC21 along with my RFE response?


2. If so what documents do i have to send to notify AC21 in addition to the AC21 letter that you mentioned?


3. RFE requests forms I-766 but all i have is EAD cards. Should the front and back copy of this card suffice?


4. RFE requests I-797 approval notices showing i was granted status in a employment authorized non immigrant classifciation. Does this refer to H1B approval notice?


5. Also I was working for company A with H1B status and transferred my H1 to complay B who applied for my Green Card application. Do i need to send the approval notice from company A as well since the RFE mentions all documents from the date i filed my I-485 to present?


 


Appreciate your time and answers.Thankyou

Expert:  Judith replied 1 year ago.

I understand you have already ported, that is just fine. You were never required to notify USCIS of porting.

1. Should i go ahead and file for AC21 along with my RFE response?

You don't "file for AC21". You merely notify USCIS you are using that law.
Yes, you send that notice letter with your RFE response just as I said above.

2. If so what documents do i have to send to notify AC21 in addition to the AC21 letter that you mentioned?

I told you that you need a letter from your employer in my first response.
it has to set out the date your employment began.
The salary you are being paid.
The job duties in great detail. The job details should the the same or similar job description that was in your PERM and the I-140 petition, but no reference has to be made to the immigration documents.
If you have these send them:

Enclosures
1. Copy of LC approval
2. Copy of I140 Approval
3. Copy of I485 receipt
4. Employment Offer/Support letter from companyB
5. Copy of the employment authorization

 

3. RFE requests forms I-766 but all i have is EAD cards. Should the front and back copy of this card suffice?

Yes, the EAD card is the I-766

4. RFE requests I-797 approval notices showing i was granted status in a employment authorized non immigrant classifciation. Does this refer to H1B approval notice?

Yes, they are asking for the H1B approval notices

5. Also I was working for company A with H1B status and transferred my H1 to complay B who applied for my Green Card application. Do i need to send the approval notice from company A as well since the RFE mentions all documents from the date i filed my I-485 to present?

You send them exactly what they are askinng for - approval notices that cover the date you filed your I-485.

Judith

 

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24556
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 5 other Immigration Law Specialists are ready to help you
Expert:  Judith replied 1 year ago.

Hello. I am just checking it to inquire if my answer was helpful.
Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism appreciate your positive rating. If I can answer anything further, please just ask. I have 34 years experience and there probably isn't much I cannot answer for you competently.
Judith

Customer: replied 1 year ago.

Judith,


I have received a draft of my employment verification letter and i have also drafted the AC21 letter. Is this something you can review and let me know if i need to make any changes. Appreciate your help

Expert:  Judith replied 1 year ago.
I'm sorry the value is way too low. I already gave you excellent service for many follow-ups at low value.
Judith
Customer: replied 1 year ago.

I am willing to pay additional charges for it.

Expert:  Judith replied 1 year ago.
I don't feel you value the quality of service I offer. I'm sorry.
Judith
Customer: replied 1 year ago.

I gave you an excellent rating. Not sure what the problem is here. But thanks for your time

Expert:  Judith replied 1 year ago.
You are welcome.
Judith
Expert:  Judith replied 1 year ago.
You are welcome to post a new question thread and upload your documents for the expert to review.
You should sanatize the document because it is on the www.

Judith

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