AC-21 Do's and Don't's

[TSCEB2Current]

Hello Everyone,

Since many of us are waiting for i-485 adjudication for 1+ years and are considering changing employers, I thought I would start this new post to exchange AC-21 information. I myself completed AC-21 portability a few months ago. So far I have not had any problems or RFEs from the USCIS and my wife's 2nd AP just got approved. So please let me know if you have any questions.

My question is:

I am considering changing employers again very soon. I have been in this job for just 3 months. My lawyer assures me that changing jobs again is permissible, so long as I can show AC-21 eligibility (i.e. sending AC-21 and EVL letters to inform the USCIS). What do you think???

 

[NIW_Engineer]

So far I have not had any problems or RFEs from the USCIS...

so.. you have NOT received an RFE? Maybe because you changed employers but didn't move? As I understand it, when you move to another town (obviously for a new job) you're likely to get RFE. Please tell me if you moved and didn't get RFE or if you did move but didn't get RFE

...so long as I can show AC-21 eligibility (i.e. sending AC-21 and EVL letters to inform the USCIS)...

again, assuming they ask for this. You are not obligated to inform them of job change or anything. Only if they send you an RFE, right?

 

[TSCEB2Current]

so.. you have NOT received an RFE? Maybe because you changed employers but didn't move? As I understand it, when you move to another town (obviously for a new job) you're likely to get RFE. Please tell me if you moved and didn't get RFE or if you did move but didn't get RFE again, assuming they ask for this. You are not obligated to inform them of job change or anything. Only if they send you an RFE, right?

No, I did move across the country with the job change. So I notified USCIS of the change of address + I provided them an AC-21 package (which includes the new Employment Verification Letter, supporting documents, and a cover letter explaining my eligibility for AC21 portability). I also initiated an inquiry into the i-485 delay + a recent InfoPass. All along, I did not receive any RFE.

On informing the USCIS regarding poratbility, there are 2 schools of thought: inform them upfront (which is what I chose to do) or inform them only when you receive an RFE.

 

[ratego2006]

Frequent changing of jobs, while legal, will delay your processing coz your file will be shuffled back and forth. One year from RD is already a little long

 

[TSCEB2Current]

Frequent changing of jobs, while legal, will delay your processing coz your file will be shuffled back and forth. One year from RD is already a little long

Thanks Ratego,

You're right - one year+ is a bit long, but I am stuck in namecheck (USCIS confirmed this to me many times through my inquiries). So, there's no telling when I will see i-485 adjudication. I could very well be waiting for one more year. So I want to go ahead and move to the job that makes sense to me. I don't mind the extra delay; I am just concerned the USCIS may consider denying my i-485 because of the 2nd portability over a short period of time.