Ac-21

[indian_gc_ocean]

Chekoo,

If a former employer revokes I140, I think we get an LUD on the I-140.

Agreed that lawyers won't fight anything for free but once they charge for AC21 and then they get an NOID, how long it would take for few of us to post across the web. It sure effects their business, I see AC21 is their major future business. As far as I have researched, I could not find one single AC21 case that was filed TIMELY for good job through a good lawyer and then got a NOID.

While talking to the lawyers they advised me not to give any indication to my current employer about my intentions to leave until the last moment and not to have any discussions about pending I140. Just pretend that you don't know anything about I140 and then join a new company and file AC21 in the first few weeks before your old employer proceed to revoke I-140. For me my relations with current employer are excellent now but I don't know what he would do in future.

Eventhough your reasoning for not filing AC21 appear right, I would say since filing AC21 proactively is also mentioned in the Yates Memo(August 2003), If I see that the new job I am taking is a stable and is longterm I would rather spend the $$$ and reduce the headache later.

Where as if I am sure that my exemployer would not revoke I140 anytime in future and the new job is not all that stable I would wait for a RFE to file AC21.

It depends on the situation, I would not generalize. Better to follow law and Yates Memo so that you are safe either way.

 

[Cheekoo]

Yates memo dont say ... " FILLING " it suggests to " INFORM " uscis. Filling any application with USCIS means issuance of a reference # ... thats doesnt happen here.

Filling means that there is a set procedure for AC21. If USCIS prescribed a way of FILLING AC21 .. it should have pointed out ... and EVERY ONE OF US would simply file that " AC21 application ".

The AC21 Law is there, and it will protect you iff you meet the solid conditions. If some idiot adjudicator at USCIS cants see Approved I140 + pending > 180 days and still issues NOID/Denial. Thats the time a Lawyer's help may be desired.

As for now ... and for a long time ... I have not seen ANY AC21 eledgible case, denied by USCIS.

I explained it before also .. The adjudicators at USCIS are Lawyers, they choose their communication very carefully .. They can not afford to make this kinda mistakes and invite Law Suites against them selves.

Please show me if you have ever found any AC21 case where the simple conditions were met and yet its denied. It was only during the early days of AC21 when a lot of confusion made this happened .. not anymore.

After you send USCIS the letter and have a USPS reciept of delivery ... TRY contacting USCIS and make them confirm that they received anything towards your I485.

My friend, there is a checklist with each I485 electronic file. When every MUST thing is checked you get approval. AC21 letter is NOT one of that items. BUT ... Current EVL is which is asked in RFE.

Only RFE/Blue paper letter which you send back "in original" with your response response is seen by the adjudicator. and also uploaded in your file.