AC I-485 Portability-Notify BCIS or Not?

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yfehgh

Registered Users (C)
Per AC 21 I-485 portability, one can change jobs after I-485 pending 180 days. I have a friend who filed for I-485 himself based on an approved I-140 from his prior employer. At the time of filing, he was no longer with that employer. Now, 180 days have passed since he filed for I-485. He was debating if he should send BCIS a letter to request using AC 21 I-485 portability rule in adjudicate his case. If he does not notify BCIS, he is afraid that BCIS may send a RFE for employment verification to his former employer, which could jeopardize the case. The questions are:

1) since he filed I-485 himself, will RFE, if any, come to him directly or go to his prior employer (i.e. the underlying petitioner)

2) If he does notify BCIS in order to avoid a RFE sent to his prior employer, would it raise more questions? Would you pls advice if he should notify BCIS or not based on the other cases you have seen? If you have experience similar situation, please kindly share.

Thanks.

Yfehgh
 
yfehgh said:
Per AC 21 I-485 portability, one can change jobs after I-485 pending 180 days. I have a friend who filed for I-485 himself based on an approved I-140 from his prior employer. At the time of filing, he was no longer with that employer. Now, 180 days have passed since he filed for I-485. He was debating if he should send BCIS a letter to request using AC 21 I-485 portability rule in adjudicate his case.
---- I will update the USCIS and send new employer letter to use AC21

If he does not notify BCIS, he is afraid that BCIS may send a RFE for employment verification to his former employer, which could jeopardize the case. The questions are:

1) since he filed I-485 himself, will RFE, if any, come to him directly or go to his prior employer (i.e. the underlying petitioner)
---will come to him on the address that is on I-485, RFE for I-485 will not go to employer as I-485 is not employer petition
2) If he does notify BCIS in order to avoid a RFE sent to his prior employer,
__RFE will not go to his new or past employer for his I-485
would it raise more questions? Would you pls advice if he should notify BCIS
------------- I will update the USCIS and invoke AC21
or not based on the other cases you have seen? If you have experience similar situation, please kindly share.

Thanks.

Yfehgh
Click to expand...
 
yfehgh said:
Per AC 21 I-485 portability, one can change jobs after I-485 pending 180 days. I have a friend who filed for I-485 himself based on an approved I-140 from his prior employer. At the time of filing, he was no longer with that employer. Now, 180 days have passed since he filed for I-485. He was debating if he should send BCIS a letter to request using AC 21 I-485 portability rule in adjudicate his case. If he does not notify BCIS, he is afraid that BCIS may send a RFE for employment verification to his former employer, which could jeopardize the case. The questions are:

1) since he filed I-485 himself, will RFE, if any, come to him directly or go to his prior employer (i.e. the underlying petitioner)

2) If he does notify BCIS in order to avoid a RFE sent to his prior employer, would it raise more questions? Would you pls advice if he should notify BCIS or not based on the other cases you have seen? If you have experience similar situation, please kindly share.

Thanks.

Yfehgh
Click to expand...


There is possiblity of RFE going to attorney.
 
What is the advantage of invoking AC21 vs. do nothing? He is concerned of invoking AC 21 as it may alert BCIS to look at his case more closely. Remember, he filed I-485 when he was no longer with the prior employer (the I-485 is based on I-140 approval from that employer). It seem to me if you do nothing, the only downside is you could incur some delay should you get a RFE. Do nothing seems to be a safer approach. Could you pls share your insight on this? Thanks.

Yfehgh
 
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