AC21 - Should one inform BCIS or not?

K

kSekar

Registered Users (C)
Hi guys

This is a thread to clear my doubt and also will be helpful to others in a similar situation. I see various postings in the forum here and there and are all deeply buried. Definitely cases vary for each person but I hope this thread will give some variety.

My details :

Category - EB1 - OR
I-140 approved - Jan 20 2004
I-485 RD - Sep 27 2002 (pending for about 17 months)
Finger print - Nov 18 2003 (first one)

Changed job after 2 weeks of my I-140 approval

Should I send AC21 letter to BCIS or not ? Or should I wait
for approval / RFE ? Below is my detail.
--------------------------------------------------------------------------------
# - Item Earlier Company Present Company
-------------------------------------------------------------------------------
1. - job title same same
2. - salary same same
3. - job description similar similar
4. - size ~ 1500 ~ 1500
5. - Revenue similar similar
6. - type of business exactly same exactly same
7. - service center VSC VSC
8. - State MA MA
---------------------------------------------------------------------------------
Note : The two companies are leaders in the world in their
business. I can mention it in the letter if I need to send
one. And also the previous employer has assured me that
they are going to support my GC till the end and so
the attorneys are also very co-operative.

Here are different opinions about sending AC21 letter.

1. My attorney (from my former employer) says that there is no
need to send any letter to BCIS. His view is based on the
following facts.
(a) He never received any RFEs for I-485 for those who
applied from my earlier company as this is a well
established one (there are many guys who applied for GC
from this company)
(b) I am switching over to another company with almost
identical background with identical salary, job title and job
description

2. Another opinion from the forum says that applying for AC21
only delays the case. If BCIS asks for details then one can
provide further details.

3. One another opinion says that the rule does not say that it
is mandatory inform BCIS. ( but it is always better
to inform BCIS ).

4. Another one says that if there is any conflict in any of the
items (like job title, salary, job description, company's ability
to pay salary etc) it may be very critical. (it will be good if
BCIS approves without any RFE).

5. Some postings say that if BCIS wants to raise any issue they
can raise it before approval. So why not take a chance and
why stir the nest unnecessarily.

I would appreciate comments on this issue and any other issues which I didn't include here.

Thanks guys

Sekar
Boston
 
Sekar,

I think you are very clear on AC21, But you still want to check with other people.

If I am in your shoes, I will just keep quite. As your attorney said, there is a very good chance that, there won't be any RFE, then why unnecessarily volunteer information to them and create more problem for yourself.
 
Agree with "whats-in-a name". There is no point rocking a ship when its going smooth. My Attorney also adviced the same - Don't send any letter to BCIS ,its not mandatory. If they send the RFE than send all the details of new employment.
I double checked the same with the Attorney of my new Employer(I changed employment for a similar job after 1 year of 485 filing with approved I-140 using EAD),and he was also of the same opinion. Both these Attorneys are the top Attorney's in Mid West widely respected in INS/AILA.
 
Some attorneys say 'Wait for RFE' and some say 'Inform USCIS'. You should decide, which way you should go. According to USCIS 'you are expected to inform them, when you invoke AC21'.
 
No

I also had EB1-OR got approved , RD Aug-RD-2002 without any RFE.
I strongly suggests not to inform INS.
If your fingerprints within 15-17 months, you will be approved any day without RFE.
Thanks:)
 
Did u just send AR11 or did u also call INS to update new address?

Originally posted by eb2_I485_RD0901
I think it is better NOT to inform INS.

I used AC21, changed Geographic regions , and did NOT inform INS. My case was approved recently :

See details :
http://boards.immigration.com/showthread.php?s=&threadid=113368


Note: I did inform INS about address change !! but this did not raise any red flags either. New address is under different service center.

Good luck with your decision.

Regards.
Click to expand...

Did u just send AR11 or did u also call INS to update new address?
 
Did the following:

1. Called the 800 #
2. Sent letter to TSC to give new address
3. Sent AR -11

Like I mentioned in my post it is better to change address with INS as well beacuse if latter they ask for proof (bills , or other info) then there is NO problem.

But I did not send a letter telling them that I changed Jobs. (AC21) . The Change of Address letter is very simple :

Old Address:
New Address:
A#:

Thats it.

When u call 800#:
A# , All pending Case #'s are also required.

I hope this helps. If not let me know.

Regards.
 
Informing is optional as we all know. We all know several cases of both types have been successfully approved.
The RFE theory proponents belive that - AC21 filing should lead to an RFE- leading to approval. I don't know how many AC21s lead to RFEs leading to quicker approvals. People can respond.

I have not yet done the filing myself yet. I am in the new job(and different center). It certainly is an additional hassle. To top it my lawyer wants additional $1200- that I am totally unwilling to. If I do it I will do it on my own. My descion making would be based on- will it hasten the process or slow it down.

Also I don't know if AC21 would lead to center change. If that happens- that would be very undesirable. Peole can cite their experience on this too.

Thanks
 
I am sitting it out too

I changed jobs after 180 days and I am not filing any AC21 letter too. FWIW...
 
Just to also respond to the earlier aspect: job title/description descrepencies. These will be there whether you infrom or not. They may surface if an RFE is issued or at adjucation time.
HTH
 
thanks guys

Hi all

Thanks for all your inputs. I will wait till I get approval/RFE or
something else.

Sekar
 
no change in address

Hi

In fact I changed my address twice after filing my I-485 and both
the times I filed AR-11 (during this time I did not change the job).
This time my address didn't change but I switched job.
I got my EAD in my present address and I hope the system
at BCIS is updated.

Sekar
 
I beg to differ

I was almost in same situation as urs except my prv company was a small consultancy firm with many approved GC w/o any RFE. My new company provided me new Lawyer S. Murthy and her firm was for AC21 filing . So i did it and I feel that way they start looking at ur case and after filing within 5 weeks I got my 2FP and another 2 weeks Approval w/o any RFE.
 
Does AC21 hastens or slows down approval?

waitOvr- can you give your time lines- thanks.

Filing AR11 is a must. The address change to BCIS- should be done- I am not sure if it is mandatory.

I am not sure if there are stats (even hear say)- to have an opinion that AC21 hastens or slows the process. Let us collect it.
I will satrt a thread in there. That is a more appropriate place for it- all centers particiate there.Please post your experience .

HTH
 
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