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AC21 - please guide me

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  • AC21 - please guide me

    I am in the 6th year of my H1B. I have EAD valid till Oct 2008.
    My 140 is approved and 485 is pending more than 6 months. That makes me eligible for using AC21 portability.

    1. I don't have copy of my labor certification and I-140 certification.
    My lawyer is not willing to give it to me. Is there any way can I get
    the copies like contacting DOL? How long will it take?
    Any contact number ?

    2. Even though I am in US for 6 years, I am with my GC sponsored employer
    for only 2 years. If I change my job now, will there be any problem ?

    3. If I change to another employer at the present client location, will it be
    a problem ?

    4. What are the documents that I need to send to USCIS?

  • #2
    1. PERM and I-140 are owned by the employer. There is no other way you can get those but the employer/lawyer. I think you can request your employer to give you a copy of the I-140 by saying that you need to go for H1 stamping.

    2. No problem. You can invoke AC21 after 180 days of pending I-485.

    3. No problem in GC as long as it is a similar position. There could be non-GC issues if you are joining the end client if you have some non-compete agreement with your GC employer, though.

    4. I think you just send a letter addressed to USCIS that you intend to invoke AC21. A letter format was just posted recently.

    Last edited by DMX17; 04-08-2008, 12:29 PM.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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