Immigration Issues/AC21 letter

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Question
Hello Ajay,

I filed my I-485 on the basis of approved I-140 of my previous employer under EB3 category. I worked with them for almost 2 years after filing my I-485 in 2007 and then moved to another company in 2009 to work with them for a higher salary and later my I-140 filing company closed their operations and dissolved the company almost one and a half year after I left that company. They did not revoke my I-140 so I am renewing my EAD every year but now I heard that they are giving issues for renewal of EADs as USCIS has established a system where they can find if the I-140 company is working or dissolved.

My question is that I never mailed them my AC 21 letter so far, can I mail the AC 21 letter now to USCIS in the name of my current company which I joined right after leaving the company who filed I-140 and which I left after more then 6 months of my filing of I-485.

I do not want to have any issues in renewal of EAD and later in I-485 approval, so please guide me if sending AC 21 letter at this stage after almost 3 years of leaving my I-140 filing company is fine or not?

Answer
Hi,

Assuming that the new employment is in the same or similar occupational category as the original employment, it is OK to send the AC21 letter (signed by the new employer) even at this late stage to avoid possible NOID (notice of intent to deny I-485) by the USCIS if the USCIS somehow comes to know that you are no longer employed by the original employer.

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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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