AC21:Notify USCIS or not proactively ?

GCdreamer2006

Registered Users (C)
Please answer and let me know whether you guys have sent Employment Evaluation Letter to new employer to notify job change or not ?
 
No concrete answer ..

GCdreamer2006 said:
Please answer and let me know whether you guys have sent Employment Evaluation Letter to new employer to notify job change or not ?

GCdreamer,

To be on the safe side it is advisable to inform the USCIS but I have known people who have gotten away with it also. I don't think there is any rule that states that you have to inform the USCIS about AC-21. I maybe wrong here so please talk to a lawyer or with someone who has experience with AC-21.

saras
 
Its better to be proactive in my opinion. But on the other hand, the RFEs that NSC has been sending with respect to I485 employment letter mention that if you are not with the sponsoring employer or so ( i dont remember the actual text), then you can use AC21 provided it satifies those AC21 conditions. They ask for the new employer letter mention job duties, salary, etc. So I guess it may be ok if we dont send AC21 proactively.

AC21 regulation does not talk about this and different lawyers have different opinions in this regard.
 
No need

GCdreamer2006 said:
Please answer and let me know whether you guys have sent Employment Evaluation Letter to new employer to notify job change or not ?
I have not sent in any letter to USCIS for invoking AC21 (as per my attorney's advice).
 
Honestly, based on what we have seen going on at USCIS, I guess it is on our benefit that we don't send letter. That way we may change jobs in the future again and USCIS doesn't even know about it. I suspect that from there you monitor the USCIS.gov website online status check every week to avoid potential NOIDs or RFEs ?
In my case, thinking more about it my company unlikely would attempt to revoke I-140, but in case they do, I guess I would be OK as long I respond for RFE/NOID on a timely manner.

I got RFE for I-485 last week - I think just after submitting evidences requested, I will look hard for another job and move on without sending paperwork to USCIS.


Dallas03096 said:
I have not sent in any letter to USCIS for invoking AC21 (as per my attorney's advice).
 
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