AC21 Letter vs. RFE

[obelisk]

My dumb question is, I keep on reading in this forum that if you don't file the AC21 letter after switching to a new employer, USCIS will issue a RFE/ (NIOD?). I guess I just don't quite understand HOW they would know to issue a RFE since you didn't inform them of the new job change.

The RFE is obviously triggered by your new job change without informing USCIS, but the fact that they are issuing a RFE means they somehow found out about your change, but if neither you, the old employer nor the new employer bother to inform the USCIS, how would the USCIS know to issue you a RFE in the first place? Through the IRS and the new tax return??

Isn't this a type "chicken or the egg" logic?

 

[ginnu]

My dumb question is, I keep on reading in this forum that if you don't file the AC21 letter after switching to a new employer, USCIS will issue a RFE/ (NIOD?).
I guess I just don't quite understand HOW they would know to issue a RFE since you didn't inform them of the new job change.
---------------------They know your Info
The RFE is obviously triggered by your new job change without informing USCIS, but the fact that they are issuing a RFE means they somehow found out about your change, but if neither you, the old employer nor the new employer bother to inform the USCIS, how would the USCIS know to issue you a RFE in the first place?
Through the IRS and the new tax return??
-------------YES and they have other Sources to know. They know where you are staying, they know where you are working.

Isn't this a type "chicken or the egg" logic?

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[GCwithGreyHair]

Maybe when you use your EAD or H1 to new employer, you file the I-9 form that gives a clue?

 

[obelisk]

I think I-9 stays with the employer for record. Anyway, if they know one's every move, shouldn't everyone who has not filed the AC-21 be getting an RFE? Yet, that's not the case either.

 

[blues22]

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Ginnu, you mentioned "they know your info", they being the USCIS. Just that statement does not help to many of us in the forum as many of us believe in facts and proofs, plain black and white, no gray areas.
So when you say they know it, how did you conclude they know it. Could you please elaborate how do they know? Please mention the sources.

As I recall, there is no paperwork sent to USCIS while changing jobs and using EAD.

 

[ginnu]

Ginnu, you mentioned "they know your info", they being the USCIS. Just that statement does not help to many of us in the forum as
many of us believe in facts and proofs, plain black and white, no gray areas.
-------you should go to your lawyer pay his/her fees and get the documents, proofs. He/she will inform you how USCIS knows about your full information.
So when you say they know it, how did you conclude they know it.
Could you please elaborate how do they know? Please mention the sources.
----- you dont need to belive me. your lawyer will guide you about the "sources" .

As I recall, there is no paperwork sent to USCIS while changing jobs and using EAD.
----- Many file AC21, many join with H1 transfer and the employer pays you and IRS knows with your SSN and USCIS also knows with SSN. SSA Data is shared with USCIS.

You should contact your lawyer or do your research how the USCIS find the info about you.