안녕하세요. 저는 485 접수한지도 1년이 다 되어갑니다. 아내 직장때문에 이직을 준비하고 있는데요. 처음부터 같이 했던 변호사가 회사에서 외주로 일하는 변호사라 AC 21 한다면 더 이상 함께 하지 어렵지 않을까 싶습니다. AC 21 letter 양식은 아래 처럼 찾았는데 혼자 접수하시는분들도 계신가요? 아니면 이 편지만을 위해 변호사를 따로 고용하나요? RFE는 당연히 나올것이고 인터뷰도 나올지 모르고 해서 같이 갈 수 있는 변호사가 있었으면 좋겠는데요…이런 상황에서는 이민 변호사들을 컨택해서 비용이 얼마인지 물어보나요? 감사합니다. ^^

[The letter should be written by the I-485 applicant for change of employer who wishes to use AC21 portability provision]
[Your Name]
[address and phone #]
[Date]

United States Department of Homeland Security
U.S. Citizenship and Immigration Services
[Insert Service Center where I-485 is pending]

Re: Change of Employer under AC21 Portability Provision
Case Type: I-485 Application to Adjust Status
Receipt Number:[insert 10-digit receipt number]
Applicant: [your name]
Dear Sir or Madam:

This letter is written in regards to the I-485 application for adjustment of status filed on my behalf.

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided that the proposed employment is in the “same or similar” occupational classification (attached for your reference are relevant portions of AC21).

I filed an I-485 Application to Adjust Status on [Date], based on an approved I-140 filed by my former employer, [ABC Company]. I obtained my Employment Authorization Document (EAD) on [Date]. I began employment with another company, [XYZ company], as an [job title] on [date], 10 months after I filed for my I-485 application. I have since been continuously employed by XYZ company in the same field as my previous employer, [ABC company], and in a similar position. Please see attached letter from [XYZ company] that attests to the fact that my current employment is in “same or similar” occupational classification as described in the approved I-140 and Labor certification.

Enclosed for your reference is a copy of [XYZ company’s] most recent annual report [or financial statements] evidencing its ability to pay the proffered wage.

In light of the above, I have lawfully changed employers pursuant to the AC21, and that my I-485 application remains valid. I respectfully request that your office continue adjudicate my I-485 Adjustment of Status Application.

If you have any questions, please do not hesitate to contact the undersigned. Thank you for your kind consideration.

Sincerely,

_________________________
[Your name]