AC 21 Case approved....today..

sk72

Registered Users (C)
Hi all,
This is my short story of 485 journey.
Came through a bodyshopper "A" to US in 98. After spending one month with them switched to company B. The H1 with B ran into trouble as INS wanted paystubs from A which I didnt had.
H1 from B came through finally, printed at top stating that I'm out of status and must re-enter US to revalidate the status !!!!
I thought I'm scr****d for good. I wont have an H1 easily again and forget about the GC. Anyway I didnt travel outside and after a year after filed for H1 for company C ( I guess I remained out of status for entire year !!). I had paystubs this time :) and H1 came out fine mentioning at the top that I'm in status !!! I was also able to travel in and out US without any problem.

I filed for GC through this company and after 5 years switched this Jan to company D. I retained my sponsoring company's attorney firm to continue representing my case. ZThis Mar 11th I got an RFE asking for employment verification letter from my "current" employer, paystubs and Tax filings. My attorney passed on the RFE suggesting I could reply it myself.

Guess what I did. I slammed the three documents to the RFE letter and sent it back. No letter attached explaining them AC21 and asking for their merciful consideration of my case !

My take is that you dont need to educate an adjudicator as to what the laws are. The employment letter states my current duties, the paystubs - my salary and the tax filings that I have been making more than my LC salary. The rest is left as an excercise to the adjudicator

My 485 application had more glaring holes (other than out of status issue there was a glitch in the birth cirtificate also :) on which I was expecting RFE and if these guys dont look that hard then I'm not sure some one will sit with a cup of coffee to read your lengthy job history letter.

I finally saw online that I'm approved today the 15th Apr. Thanks for the newer laws, even if they would have found out of status issue I could have paid the $1000 fine. Also I could switch job when I had a better offer.
So if I could be approved then most will be but you need to have paitence.

Cheers !


485 Filed - Mar 02
FP1 - May 02
FP2 - Nov 03
RFE - Mar 11 04
RFE Response Received - Mar 24 04.
AD - Apr 15 04.
 
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congrats sk72..

Congrats sk72

quick question

what is this out of status issue penality of $1000 ?? Is there any such provision?


By this you mean AC21??
"Also I could switch job when I had a better offer."


Thanks,
Rama
 
Re: congrats sk72..

The LIFE Act. You need to have your Labor application filed before Apr 30 02 for this. You could then file a supplement to I485 application and pay a $1000 penalty if you are found to be out of status in the past.

And yes I mean AC 21 when I said "I could switch job when I had a better offer"


Originally posted by ramavataar
Congrats sk72

quick question

what is this out of status issue penality of $1000 ?? Is there any such provision?


By this you mean AC21??
"Also I could switch job when I had a better offer."


Thanks,
Rama
 
What a story..

Thanks for sharing it with us. Goes to show that there is really nothing to fear but fear itself. All the best!! Enjoy your freedom - you deserve it.
 
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