Ac-21

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AparUS

Registered Users (C)
I changed my employer two weeks before. I asked my lawyer to file the AC-21. But he told me that wait for the RFE then will send the respond!

I affraid of doing this. I would like to file it my own! I got lot of informations from the NSC thread.

Is it possible to file the AC-21 without the help of Lawyer?
 
Ac21

AparUS said:
I changed my employer two weeks before. I asked my lawyer to file the AC-21. But he told me that wait for the RFE then will send the respond!

I affraid of doing this. I would like to file it my own! I got lot of informations from the NSC thread.

Is it possible to file the AC-21 without the help of Lawyer?
Click to expand...

There have been numerous debates in this forum on whether one needs to notify USCIS about job-change due to AC-21. One school of thought says YES and another says NO. I belong to the former and have assiduously vouchsafed for the position that one needs to notify USCIS so that they don't cite that as an "intent" to "defraud." Now, as per law, there isn't a mandatory clause that says that you need to notify USCIS about your job-change. Agreed. However, Immigration Law is very interpretative and subjective where it may well come back to roost. When I saw in Murthy's site this case, I thought I was vindicated. http://murthy.com/news/n_risres.html . However, as cited in the site, this should not trigger a panic reaction as this may well be an outlier and certainly not a mainstream decision. However, it is always good to err on the side of caution.

Please cite the aforementioned URL to your attorney so that he notifies properly to INS about your case. Do have records that you did the intimation properly.

But, you must also be aware that many folks in this forum have NOT notified INS about their job-change and this never landed them into any problems later, including during local-office interviews on transfer.

So, now you can take your decision yourself.
:)
 
Thanks for the reply.

I mentioned and sent all the links to him but he doesn't agree this!

He always says "Don't panic! If the INS sent the RFE, will respond otherwise no need to do that". That's why I thought of doing it myself.

Just one more thing: I know that we will have to send this bunch of documents to where the 485 staying! Is there any separate address for the AC-21 filing in TSC. If you have it, please let me know.

Thanks for the reply.
 
I too was told the same by my lawyer. I changed my lawyer and filed AC-21. I too would err on the side of caution. The act does not expressly require filing but there is no harm in being proactive - at best it might save time in replying for an RFE. At worst wasted time. Definitely no harm in applying for AC21.
 
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