AC21 & AP & I-485 issues

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iwannagreencard

Registered Users (C)
Hello guys...
I am planning to use the AC21 to join another company. The new company lawyer(a big firm) is not interested to inform USCIS about the change. As per them dont give extra information unless they asked for. I think they will be get more money if they deny rather than just inform the USCIS.

The position i will be taking is different from my LCA(LCA = Programmer Analyst & new position = Sr.Software Engineer).
Job duties will remain almost same.

Below are few question i would like to find out as all of these scenario's are possible.

1) If i am travelling on Advance Parole(which i currently have) and in between my I-485 gets denied for whatsoever reason(AC21 not informed....), what does that mean to me???

2) Incase I-485 gets denied for whatever reason, is it possible to file for H1B visa to avoid the Status issue? I have used only 6yrs of my H1b. I did not extend my H1B for the 7th year and so on...

3) ) What happens if i change my job and get layoff? As we all know ,anything is possible when you take a new position, what if the company goes to layoff.

4) Can i change the Category of my GC? with this new position i should be eligible for EB2. Do you need to go for a new LCA/I140 or its just a status change.

Please share your experience/knowledge and help me to take a crucial decision. Refer to my signature for any question you might have. thanks
 
I had a brief conversation with my attorney the other day, he told me if I decide to change jobs under AC21, as long as the position and duties are same/similar, and my I-140 has been approved for at least 6 months I don't need to send anything to USCIS, he mentioned if I ever get an RFE for current EVL, that's when I send the letter from the new company stating date I joined, description of position and duties and compensation. Otherwise, case may get delayed even further. I need to mention he is a top-notch, tough as nails immigration attorney who is a part of the best lawyer's in America publication and serves on the board of AILA.

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Remember, this is just my opinion, consult a qualified attorney to get precise answers to your questions.
 
Answers

I am planning to use the AC21 to join another company. The new company lawyer(a big firm) is not interested to inform USCIS about the change. As per them dont give extra information unless they asked for. I think they will be get more money if they deny rather than just inform the USCIS.

The position i will be taking is different from my LCA(LCA = Programmer Analyst & new position = Sr.Software Engineer).
Job duties will remain almost same.

Below are few question i would like to find out as all of these scenario's are possible.

1) If i am travelling on Advance Parole(which i currently have) and in between my I-485 gets denied for whatsoever reason(AC21 not informed....), what does that mean to me??? =====USCIS needs to send you an RFE or NOID if they need proof of something, they can't just deny your I-485.

2) Incase I-485 gets denied for whatever reason, is it possible to file for H1B visa to avoid the Status issue? I have used only 6yrs of my H1b. I did not extend my H1B for the 7th year and so on... =====If you still have a valid H1B you can port it to the new employer, that way you can avoid being out of status if your 485 gets denied for whatever reason.

3) ) What happens if i change my job and get layoff? As we all know ,anything is possible when you take a new position, what if the company goes to layoff. =====You can use AC21 again to join a new company providing that you' re eligible based on qualifications for AC21.

4) Can i change the Category of my GC? with this new position i should be eligible for EB2. Do you need to go for a new LCA/I140 or its just a status change. ==== You would need to file a new LC with the new category and then file a new I-140 when certified.
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This is just an opinion, consult with a qualified attorney for a more precise explanation.
 
Thanks bubble23 for sharing your views.
What i understood from your answer to 1st one is:

There is difference between I-485 denied vs RFE/NOID. RFE/NOID is basically asking for more evidence/request. Based on how it goes they might either reject/continue/accpet the case. So its not like one fine morning i know that my I-485 is denied without having any idea whats going on. this might happen if no one response to RFE/NOID though.

How do you know that an RFE/NOID has been issued? As lawyers make more money in these scenarios i am sure they will be interested to have more cases like these. Since i will be changing my current attorney, who will receive the RFE/NOID? (New/Old).
Does the new lawyer needs to update the USCIS for any reason to received RFE/NOID?
Do they send to the beneficiary also?(myself)

The time you get to respond is like 3weeks fo RFE and 4 weeks for NOID ...correct?

regarding 2:
Is their a way from INS to know if one is eligible to file an extension for H1B?
What is the easiest/accurate way to know if i am eligible for extension?

I have used 6yrs of my H1B and have not applied for 7th year extension. Does that qualify me for H1 extension?

In a scenario if i receive a NOID/RFE, can i ask my current employer to explore that option till we decide on NOID?

Layoff scenario is a risk that one should assess and evaluate the oppurtunity. There is no real solution other than getting a new job in the same position ASAP. There is no way to be prepared for that.

Also change to EB2 is like a complete process so its something needs to be evaluated. As per recommendations by ginnu, there might be a potential retrogession for EB2 under which i am not sure if its a good idea to change?

Thanks again.

1)If i am travelling on Advance Parole(which i currently have) and in between my I-485 gets denied for whatsoever reason(AC21 not informed....), what does that mean to me??? =====USCIS needs to send you an RFE or NOID if they need proof of something, they can't just deny your I-485.
2) Incase I-485 gets denied for whatever reason, is it possible to file for H1B visa to avoid the Status issue? I have used only 6yrs of my H1b. I did not extend my H1B for the 7th year and so on... =====If you still have a valid H1B you can port it to the new employer, that way you can avoid being out of status if your 485 gets denied for whatever reason.
3) ) What happens if i change my job and get layoff? As we all know ,anything is possible when you take a new position, what if the company goes to layoff. =====You can use AC21 again to join a new company providing that you' re eligible based on qualifications for AC21.

4) Can i change the Category of my GC? with this new position i should be eligible for EB2. Do you need to go for a new LCA/I140 or its just a status change. ==== You would need to file a new LC with the new category and then file a new I-140 when certified.
Click to expand...
 
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More answers

iwannagreencard said:
Thanks for sharing your views.
What i understood from your answer to 1st one is:



How do you know that an RFE/NOID has been issued? As lawyers make more money in these scenario i am sure they will be interested to have more cases like these. ======Look for an attorney that is professional and works FOR YOU, they will be very interested in win your case, I think the most important thing is to trust your attorney. The RFE/NOID will be sent to your attorney (if you filed a G-28 form allowing an attorney to represent you, which is the best thing you can do, by the way.) If not, the RFE/NOID will be sent to you. You will have 60 days to respond to the RFE providing the additional evidence they request.

Since i will be changing my current attorney, who will receive the RFE/NOID? (New/Old). =====The new one (the one you designate on the form G-28).

Does the new lawyer needs to update the USCIS for any reason to received RFE/NOID? Do they send to the beneficiary also?(myself)=== if you filed G-28 your attorney will receive the RFE, but you will also know that an RFE was issued by registering your case online, you will receive an email in this case.

The time you get to respond is like 3weeks fo RFE and 4 weeks for NOID ...correct? ====== 60 days for RFE and I'm not sure how long for NOID (I believe is 30 days).

regarding 2:
Is their a way from INS to know if one is eligible to file an extension for H1B?
What is the easiest/accurate way to know if i am eligible for extension? =====If your 6th yr on H1-B has not expired and you filed for LC/PERM 1 yr before the expiration of your 6th yr.

As per my knowledge, i have used 6yrs and not have applied for 7th year extension. Does that qualify me for H1 extension?
In a scenario if i receive a NOID/RFE, can i ask ======See above.

Layoff scenario is a risk that one should assess and evaluate the oppurtunity.
There is no way to be prepared for that.

Also change to EB2 is like a complete process so its something needs to be evaluated. As per recommendations by ginnu, there might be a potential retrogession for EB2 under which i am not sure if its a good idea to change? =====You would start your GC process all over again, and it is tough to predict retrogression on EB2 at this point, it may or may not happen,
Click to expand...
 
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