Immigration Issues/AC 21 Letter

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Question
Dear Sir,

My priority date for EB3 is in 2007 and it may take several years. I wish to transfer to other company but should i mail AC 21 letter right after joining or should i mail it after some years when the date is about to be current as i may join even third or fourth company in such a long time if i get better opportunities. I think i should mail AC21 letter when my date is about to be current so i can stay with that company for long time.

What if my main petitioning employer is no longer in business due to this recession after some years and then i mail my AC21 letter of transfer from my main employer to the current employer of that time.

Please provide your guidance.

Thank You.

Answer
Hi,

I am assuming that your I-140 petition is approved, and that I-485 has been pending with the USCIS for at least 180 days.

The USCIS regulations state that AC21 letter should be filed when switching over to new employer in same or similar occupational category. Moreover, since there is no limit to the number of AC21 letters that can be submitted to the USCIS, the conservative approach is to send AC21 letter every time you switch employers.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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