about AC21 and REF on 485.

C

Con_File_Feb

Registered Users (C)
Hi Friends,
I have questions on usage of AC21 and friends please throw your experiences and suggestions.
I read various threads on this and my basic understanding is
We can use AC21 after 180 days of filing 485 and it is better to use after 140 approval. Is that true. And Employer cannot revoke the 140 since it is already approved and new employer is supporting you.

1.My question is in case of REF, where does it go, to the old employer or new employer?
2.Did you see any REF related to company’s information, company’s tax forms etc, since you have changed the employer, who will reply to such REF.
3. What are the most common REF on 485?

If you have used AC21 and got REF, please let me know your experience and please let me know any caution to be taken care before we use AC21.


Thanks in Advance.
 
Con_File_Feb said:
Hi Friends,
I have questions on usage of AC21 and friends please throw your experiences and suggestions.
I read various threads on this and my basic understanding is
We can use AC21 after 180 days of filing 485 and it is better to use after 140 approval. Is that true.
---yes AFTER I-485 hits 180 days AND I-140 is approved and new employer is ready to give you future permanent job offer letter in same/similar job duties as on approved LC
And Employer cannot revoke the 140 since it is already approved and new employer is supporting you.
-------- if you fullfil the above criteria then even if past employer send letter to revoke I-140 then USCIS will not revoke the I-140 and may send RFE, if you inform USCIS with AC21 letter then they know that you have requested for AC21 and may not send RFE
1.My question is in case of REF, where does it go, to the old employer or new employer?
---- RFE will go to lawyer who filed your I-485, if it was filed by past comany lawyer then better hire your lawyer or use new comany lawyer and new lawyer can send new G28 signed by you that new lawyer reprsent you for your I-485, New lawyer should send the copy of your I-485 filing reciept and Form G28 to USCIS where your I-485 is pending( if you have spouse then let them also sign G28 and lawyer will also reprent them)
2.Did you see any REF related to company’s information, company’s tax forms etc, since you have changed the employer, who will reply to such REF.
--- comany info, company tax or comany ability to pay is generaly asked for I-140 approval
3. What are the most common REF on 485?
----- for any missing documents like I-94, medicals, photographs, copy of marriage certificate, copy of birth certificates, recent employement letter, recent pay stubs, it all depends on particular case as every case is diffrent
If you have used AC21 and got REF, please let me know your experience and please let me know any caution to be taken care before we use AC21.
--others will post

Thanks in Advance.
Click to expand...
 
We can use AC21 after 180 days of filing 485 and it is better to use after 140 approval. Is that true.
---yes AFTER I-485 hits 180 days AND I-140 is approved and new employer is ready to give you future permanent job offer letter in same/similar job duties as on approved LC
And Employer cannot revoke the 140 since it is already approved and new employer is supporting you.
-------- if you fullfil the above criteria then even if past employer send letter to revoke I-140 then USCIS will not revoke the I-140 and may send RFE, if you inform USCIS with AC21 letter then they know that you have requested for AC21 and may not send RFE
Click to expand...


I have question on this.
If the Labor says you will be doing PL/SQL, Oracle, and Pro c etc database stuff as Programmer analyst but now you get a permanent employment same as Programmer Analyst with different title like information specialist and you work in J2EE related area like Java, EJB etc.
Do you see this as program ?
To avoid this is it better to wait for 485, but we never know how much time it will take and recently due to so many changes in immigration laws.

Please share you experiences and thoughts.
 
The adjudicating officer is first going to determine if the two job functions translate to the same job code as in your labor petition. If it does he/she may just not probe further. But its a must that the job code translates to the same as in your labor petition. Further if the officer decides to probe further he/she might look for all the key words u have mentioned in yout labor petition. So i would suggest u prepare a very neutral EVL mentioning your job duties and also ensure u add all the key words from your labor petition.

Cheers

Tanjar
 
That’s good Idea, thanks for your reply.
I will Give general description and give some common labor skill key words if necessary. Idea if he give for the common key words, he/she should find in new EVL.


tanjar said:
The adjudicating officer is first going to determine if the two job functions translate to the same job code as in your labor petition. If it does he/she may just not probe further. But its a must that the job code translates to the same as in your labor petition. Further if the officer decides to probe further he/she might look for all the key words u have mentioned in yout labor petition. So i would suggest u prepare a very neutral EVL mentioning your job duties and also ensure u add all the key words from your labor petition.

Cheers

Tanjar
Click to expand...
 
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