AC21 Interview

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Dear Ginnu and other Gurus,

My GC for future employment was files by company A, I never worked for them. I-140 got cleared and I got my EAD. After 180 days of filing 485, I joined company B using my EAD and used AP to re-enter the country after visiting home for vacation. The online status check shows that my case has been transfered on Oct 19th from VSC to San Francisco for interview and adjudication. The following questions are troubling me, I would appreciate if you could answer them.

  • In my interview, can the INS officer deny my petition saying I never intended to work for the petioning employer.
  • Will a letter of future employment from my petioning employer help.
  • Will it suffice if I take letter of current employment with paystubs from my current employer
  • What is the worst that can happen, can the INS officer ask me to go back to my petioning employer or start the whole GC process with my current employer from scratch
  • Is it mandatory to work for petetioning employer after GC is approved, if not done will it affect citizenship
 
UnitedNAtions,

Can you review the 1st link that you provided, I am not sure is the correct link, it does not appear to be related to AC21 at all.

Thanks a lot
 
Unitednations has replied to your post and he is correct but I would like to add to your question
a. In my interview, can the INS officer deny my petition saying I never intended to work for the petioning employer.
------ Officer can deny the petition, recently a case in NJ was rejected and officicer asked that worker should provide the evidence that employer who filed I-140 HAD the Intent to employ at the time I-140 was approved. The person could not get letter from past employer. I think that officer in NJ local USCIS office tried to dig more into that case

I have read the AC21 memo more than 10-12 times and I also never cared about that clause in the MEMO because I read manyAC21 cases being approved and no body posted that this Intent matter was discussed at interview
The 08/04/03 memo [http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf] says “In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment.”
***If possible try to get Intent letter from past employer A and if asked then only show
 
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