ac21 and rfe

O

oakey04

Registered Users (C)
A lot of cases are getting approved recently without RFEs. If an applicant intended to inform BCIS about using AC21 when an RFE is issued, but ended up getting the 485 approved without an RFE, what are the applicant's options now as AC21 is no longer applicable after approval?

Thanks!
 
You are not suppoed to hide in the first place...If you did then it is your problem..

INS clearly says that you should inform them about ur intent to use AC21 at the appropriate time in advance..before approval..

So if you have not yet informed them..then go ahead and inform them now..
 
oakey04 said:
If an applicant intended to inform BCIS about using AC21 when an RFE is issued, but ended up getting the 485 approved without an RFE, what are the applicant's options now as AC21 is no longer applicable after approval?
Click to expand...

Nothing in the AC21 statute indicates that the applicant must inform USCIS. If you were working for another employer at approval and meet the AC21 criteria, make sure you can document this fact 5 years later for naturalization and you'll be fine.

It's not a question of hiding; I don't trust USCIS to properly receive and file with your case anything sent unsolicited.
 
I agree

I changed jobs 1 month before receiving RFE for medical vaccination. I had expected employment RFE and intended to advise INS about job change but I never got one. I asked my attorney if I should submit employment letter with my medical RFE response but her view was not to include anything they didn't ask for. I am now approved and never did get employment RFE.

Attorney said that 95% of I 485 were getting RFE on employment but it looks as though that is not the case any more.

As it happens my job is certainly 'same or similar' so I don't feel concerned by not informing INS.

RD 4/02
FP 5/03
AD 6/04
 
Thanks for all ur responses. Just didnt want to have any isssues during citizenship since I am approved, but may never work in the location from which my LC was issued. Looks like the best thing to do is remain silent even though my lawyer suggests file AC21 now (after approval)
 
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