AC21- Case I-485 Approved.......

[new2bhere]

Hi Folks,

BCIS online Case status says My case has been approved.
My case has long history, It is AC21 Case. The company filed my 140, no more in business. I switched job before <180 days and started working on EAD. Later, I got a RFE only one the online status, I never received it. Then the online status went to response for RFE received. When I called IIO, I was told, there was a RFE raised on your case later cancelled. This happened some time in Nov'2002.

I changed the job again to another company on Jan'03. I didn't Inform BCIS

Again in 2nd May 2003 I got a RFE for EVL and explanation if I intened to used AC21. Response for this RFE was sent on July 17th (but BCIS status said, they recd on July 25th 2003 *** the important thing is last date to respond my RFE was July24th).

After My 2nd RFE, I applied for a new H1 from my current employer. on that also I got a RFE asking for exact dates I was on H1 and AOS. Later It was approved on first week of July.

Based on my new H1, My wife and kids applied for H4 at Chennai consulate. Fun again, They got a RFE asking for good photographs. Then they got H4, and arrived immediately to US on first week of August. I filed for their 485 on 2nd week of August.

On July 28th i got 2nd FP notice. I complete finger printing on 2nd September. Then, my online status updated to recd results of the fingere print on 10th Sep.

10 mts ago, I checked the online status, It says, Approved......................................
Waiting for approval notice. For my family there is no staus changed. Alll says recd the 485 appln.

Thanks for all the support by this forum. Wish you all have quick approvals.

Thanks!

My details:

WAC-02-064-5xxxx
Category:EB2
Labour: approved on 03/2001
I-140: approved on 08/2001
I-485: ND: 12/13/2001

[thunder1900]

Congratulations!

Your case consolidates confidence of those people in similar situation.

[rkumar1]

Was there any change in job location when you moved to the new job??

[AP1]

In Ac21 Letter did you specify the date you left your sponsoring employer and date of hire to New employer.

Just trying to find if BCIS Knew that you chnaged job before 180 days. I am in similar situation.

Thanks

[PremChopra]

What a big RFE guy? Did you apply to Guiness book of records, kidding, have fun and enjoy the freedom.

All is well if it ends well, you won't regret getting those RFEs now.

Good luck again.

[waytoolong]

Originally posted by thunder1900
Congratulations!

Your case consolidates confidence of those people in similar situation.

yes - it indeed does, new2bhere could you please give us an idea how close your final job is to your LC job with respect to salary/description/title ?

[JaneI485]

1)
Did you change your AOS status to H-1 in this country?
My lawyer told me if I was on AOS, I need to go to third party country or go back my country for new H-1.

2)Did BCIS know you change job < 180days?

Thanks

[MrCoolz]

New2bhere,

Looks like your case one where I would've personally given up my confidence in getting the GC after so many RFEs.

But on the flip side - I look at the success and I am saying to myself - what the heck - I too will get it sooner or later, one way or other!

Have a drink for me too to enjoy your approval!

-MrCoolz

[Exile_2001]

Hope my ride is a little more comfortable.

Reckon you have earned your green card for sure.

[new2bhere]

My last job salary, job description, location all were same as my original LC.


regarding, relocation, I moved for a brief period (4 months ) to north west coast from bay area. Again, I moved back to bay area. I never change my address with INS.

my second job was 20% higher salary, then I took this job from a Desi guy to give any papers as I wish.

[sdd]

Did BCIS ask for your employement history? ie did they know that you changed jobs before 180 days?
sdd

[waytoolong]

BCIS will know about employement change when the H1B is cancelled by the old employer

[fira]

congrats

[MSR01]

Congrats...

[ramavataar]

new2bhere,

did u appear in interview before approval or it was just responding to RFE?

I am also trying to transfer from AOS to H1, do I need to go out with stamped passport with new H1? do I have to wait for H1 approval or I can switch based on Receipt notice?

Thanks in anticipation,
Rama

[Rotny]

Does anyone know about the implication of the AC21 rule and you Salary . To be more clear , do we have any issue is you use the AC21 rule and change jobs and your Salary is higher say 40% more than your previous employer .

Is there any issue in approvals etc ?

Thanks,
Rotny

[ramavataar]

higher salary and similar job is ok and also more than 180 days rule

Thanks,
Rama

[Rotny]

Thanks ,

But I keep hearing different things even with Higher Salary . For example if it say 40 - 45 % higher than the one specified in your LC , then I am not sure of how that would affect the 485 approval and stuff like that .

Does anyone have any insight on this .
Thanks,
Rotny

[Entey-GC]

Very encouraging CASE....


Congratulations....!!!!!

[minn_labor]

Entery-GC

which office are you with.
my I-140 was approved at the same times as yours but
i haven't received FP notice yet.

[MrCoolz]

new2bhere,

Any change with the online status for your family yet?

[honeyhappy]

new2bhere
What a case. Hats off to your patience and struggle. honey

[mereguru]

Hi Rama,

Have u changed from AOS to H1B within US?

[jenkintown]

hi guys
any new updates on the portability rule?
how soon after I 140 is filed can we change jobs?
Does the job title, description and salary have to be the same?
thanks

[M1O1]

keep posted.

[Raju Badmash]

I believe that higher salary is fine so long as the job is similar, but change of location is not OK

[sank]

Hi Raju,
Why Change of job location is NOT OK.

-sank

[Raju Badmash]

I believe that it has to do with labor certification. You are only allowed to work at the location that you got your LC for.

[toonarmy]

Not true. AC21 specifies no location just a same or similar job and a timelapse of 180 days (as long as I140 is approved).

Toonarmy

[sank]

Hi Toonarmy,
I read your RFE details. What is the Employers form 1120 . IS this a Employer Tax return Form for the year 2001, 2002, 2003.

Please write more about your rfe. it looks very complicated. They have asked for all documents.

I am very much afraid of low tax return for 2003. It is only 15K( with GC sponsering employer). In 2004, i changed employer wroking for new company (Same as LC salary & same job title).

What are the complications of above 15k tax return.

Thanks
sank