AC21 suggestions.

N

neilgc

Registered Users (C)
Gurus,
I need suggestions for changing job using AC21.
I am from EB3 - India, I-140 is approved and I-485 pending (California Service Center) for more than 1 year.

I have a very good offer from a reputed company and thinking to change employer using AC21.

Currently I am working on EAD only (no H1B).

New employer is ready to provide employment letter as per the LC. I am thinking to send the AC21 documents pro-actively as soon as I join the new employer.

If 140 is withdrawn by old employer (which I am sure they will do), I think one of these 3 things will happen:

1 - USCIS will silently apply AC21 based on documents I send.
2 - USCIS overlooks AC21 documents and sends a NOID for 485.
3 - USCIS overlooks AC21 documents and DENIES 485.

Scenario 1 - will be a classic AC21 case.
Scenario 2 - I guess I will be safe because I can reply to NOID by re-submitting AC21 evidence (new employment letter, new paystus etc).

I am scared/worried about scenario 3. Will I be out of status immediatly?
I read here on this forum that I can file motion-to-reopen 485 within 30 days of denial.
Can I keep working for those 30 days? I can not afford to stop working. What are my options?

How safe is it to use AC21 while working only on EAD? What are the chances of scenario 3.

Any experiences/thoughts from fellow members would be appreciated.

Thanks in advance..
 
neilgc said:
Gurus,
I need suggestions for changing job using AC21.
I am from EB3 - India, I-140 is approved and I-485 pending (California Service Center) for more than 1 year.

I have a very good offer from a reputed company and thinking to change employer using AC21.

Currently I am working on EAD only (no H1B).

New employer is ready to provide employment letter as per the LC. I am thinking to send the AC21 documents pro-actively as soon as I join the new employer.

If 140 is withdrawn by old employer (which I am sure they will do), I think one of these 3 things will happen:

1 - USCIS will silently apply AC21 based on documents I send.
---------may be
2 - USCIS overlooks AC21 documents and sends a NOID for 485.
-----------they may send RFE for employer job offer letter
3 - USCIS overlooks AC21 documents and DENIES 485.
--------------I read only 1-2 cases the USCIS denied by mistake and person filed MTR case was reopned

Scenario 1 - will be a classic AC21 case.
Scenario 2 - I guess I will be safe because I can reply to NOID by re-submitting AC21 evidence (new employment letter, new paystus etc).
--------correct
I am scared/worried about scenario 3.
Will I be out of status immediatly?
I read here on this forum that I can file motion-to-reopen 485 within 30 days of denial.
----yes
Can I keep working for those 30 days?
------yes
Click to expand...
 
Thanks Ginnu for quick reply, I am trying to gain some confidence(for using AC21) from other peoples experiences. I will be talking to an attorney tomorrow.
 
ginnu said:
2 - USCIS overlooks AC21 documents and sends a NOID for 485.
-----------they may send RFE for employer job offer letter
Click to expand...

Ginnu, while the rest of your post is correct, I would want to emphasize that if the I-140 is withdrawn, an RFE will not be issued. It will be an NOID, and the alien has 30 days (instead of 90 or 120) to respond.
 
Save $$$ ... The attorney will charge you for just that 2 page letter you can make yourself.

I suggest that :
1. you make a move to new company
2. Get employment letter with job details
3. Start working.

You do not need to "apply for AC21". You are already covered by AC21 and the USCIS officer knows the law and the fact. 110% of times RFE asks for "LETTER FROM CURRENT EMPLOYER" and NOT the sponsoring employer.

Even if your ex-employer withdraws I140. It will NOT effect your GC application. Because you are AUTOMATICALLY covered with AC21 provisions (Approved I140 + I485 Pending over 180days)

Your PRO_ACTIVE action will not update your file anyways. No one gets LUD after sending AC21 letter. Its only when RFE is responded with the Original RFE letter, then your file gets updated.

I agree that only a few cases were denied by mistake by USCIS and they too were corrected. So why are you scared. You can hire a lawyer to file a lawsuite against USCIS if they deny your case by over looking AC21 LAW.
 
Cheekoo said:
Save $$$ ... The attorney will charge you for just that 2 page letter you can make yourself.

I suggest that :
1. you make a move to new company
2. Get employment letter with job details
3. Start working.

You do not need to "apply for AC21". You are already covered by AC21 and the USCIS officer knows the law and the fact. 110% of times RFE asks for "LETTER FROM CURRENT EMPLOYER" and NOT the sponsoring employer.

Even if your ex-employer withdraws I140. It will NOT effect your GC application. Because you are AUTOMATICALLY covered with AC21 provisions (Approved I140 + I485 Pending over 180days)

Your PRO_ACTIVE action will not update your file anyways. No one gets LUD after sending AC21 letter. Its only when RFE is responded with the Original RFE letter, then your file gets updated.

I agree that only a few cases were denied by mistake by USCIS and they too were corrected. So why are you scared. You can hire a lawyer to file a lawsuite against USCIS if they deny your case by over looking AC21 LAW.
Click to expand...


Thanks Cheekoo,
I am worried because, assuming worst case scnario, if 485 gets denied, I am out of status and may have to leave country immediatly, I won't have time to fight the denial.
 
neilgc said:
3 - USCIS overlooks AC21 documents and DENIES 485.
I am scared/worried about scenario 3. Will I be out of status immediatly?
Click to expand...

I was a victim of scenario 3. Whether you can work after denial or not is subject to interpretation by different lawyers/companies. Companies usually listen to their lawyers if their lawyer is picking up the remaining 485 case. Lawyers most of the time only give you a safe answer (safe to them). In my case case my lawyer said that I had no reason to suffer when the mistake was that of USCIS. So she allowed me to keep working.

I was fortunate in a way that the case was re-opened in 25 days or so inclusive of Christmas/NewYear holidays. (Vermont Service Center)

:( :( I called up USCIS recently, and the lady officer said something like they sent me NOID but the mail was returned. I did not ask for details, I did not want to confuse them.

I called up to ask them why my case was not being processed as the priority date has been current for past 3 months. I just wanted to get an official letter saying that security check is pending (if that was the case still). The whole call went off-track as the first CS officer thought my case dates will all be reset to the date 485 was reopened. Then she transfers me to a higher ranked officer. Now this great lady high ranking officer knows that the dates wont be reset but does not know that PD is the date "labor" was filed, instead she insists it the 140 filing date, so my PD as per her is not current.

Finally after a total of 80+ minutes, I got them to raise an inquiry with VSC.
 
GreenCardVirus said:
I was a victim of scenario 3. Whether you can work after denial or not is subject to interpretation by different lawyers/companies. Companies usually listen to their lawyers if their lawyer is picking up the remaining 485 case. Lawyers most of the time only give you a safe answer (safe to them). In my case case my lawyer said that I had no reason to suffer when the mistake was that of USCIS. So she allowed me to keep working.

I was fortunate in a way that the case was re-opened in 25 days or so inclusive of Christmas/NewYear holidays. (Vermont Service Center)

:( :( I called up USCIS recently, and the lady officer said something like they sent me NOID but the mail was returned. I did not ask for details, I did not want to confuse them.

I called up to ask them why my case was not being processed as the priority date has been current for past 3 months. I just wanted to get an official letter saying that security check is pending (if that was the case still). The whole call went off-track as the first CS officer thought my case dates will all be reset to the date 485 was reopened. Then she transfers me to a higher ranked officer. Now this great lady high ranking officer knows that the dates wont be reset but does not know that PD is the date "labor" was filed, instead she insists it the 140 filing date, so my PD as per her is not current.

Finally after a total of 80+ minutes, I got them to raise an inquiry with VSC.
Click to expand...

GreenCardVirus, I had been through your posts regarding your 485 denial and MTR. In the post above, do you mean they sent you a NOID before your 485 denial and since the mail got returned they denied your 485?
 
neilgc said:
Thanks Cheekoo,
I am worried because, assuming worst case scnario, if 485 gets denied, I am out of status and may have to leave country immediatly, I won't have time to fight the denial.
Click to expand...
Read my updated signature details.

I have tasted the DENIAL. It was not because of AC21 or changing employers. I was confused and Upset with the fact of LEAVING like a refugee from USA. I showered questions on my Lawyer and he calmed me down explaining everything.

RELAX - No one is going to deport you. Firstly, you have 30 period to respond with MTR. Than it takes about 2-4 months for USCIS response. You can legally work as long as your EAD is valid. No one can simply stop working just because of some missing documents in your USCIS file. You will not be charged with fraud.

And God forbid even in the event your MTR for I485 is denied. You will have 180 days to pack and leave.

As I see this, the most you will receive is RFE for Current pay stubs and EVL or may be Tax Papers .. I have not seen a sigle case of denial with situation like yours.

I think I have commented alot .. you should be relaxed now mannnnn
 
Cheekoo said:
Read my updated signature details.

I have tasted the DENIAL. It was not because of AC21 or changing employers. I was confused and Upset with the fact of LEAVING like a refugee from USA. I showered questions on my Lawyer and he calmed me down explaining everything.

RELAX - No one is going to deport you. Firstly, you have 30 period to respond with MTR. Than it takes about 2-4 months for USCIS response. You can legally work as long as your EAD is valid. No one can simply stop working just because of some missing documents in your USCIS file. You will not be charged with fraud.

And God forbid even in the event your MTR for I485 is denied. You will have 180 days to pack and leave.

As I see this, the most you will receive is RFE for Current pay stubs and EVL or may be Tax Papers .. I have not seen a sigle case of denial with situation like yours.

I think I have commented alot .. you should be relaxed now mannnnn
Click to expand...

You are correct Cheekoo, I think I am being over-cautious.
Thanks a lot for taking time to reply in details and increasing my confidence. I really appreciate your sugestions.
 
I totally agree with cheekoo. I also changed employers after 1 year of my I-485 and never applied for AC21. Its just waste of time in sending AC21 Documents as USCIS will never see those even if you send.
 
S_Reddy said:
I totally agree with cheekoo. I also changed employers after 1 year of my I-485 and never applied for AC21. Its just waste of time in sending AC21 Documents as USCIS will never see those even if you send.
Click to expand...

When you changed employers did you also move to another state?
I am seriously considering moving to another job in another state....would appreciate your inputs.

Thanks.
 
Experts,
After changing employer using AC-21, is it advisable to change the attorney also, so that any future 485 related communication from USCIS goes to the new attorney instead of old employer attorney.

Thanks..
 
neilgc said:
Experts,
After changing employer using AC-21, is it advisable to change the attorney also, so that any future 485 related communication from USCIS goes to the new attorney instead of old employer attorney.

Thanks..
Click to expand...
- better not to use the past comany lawyer, you can hire YOUR lawyer to represent you for your I-485 just fill up G-28 provide the copy of I-485 reciept and let your lawyer update the USCIS
 
NeilGC, let's join forces on this. It seems I have a potential job offer lined up and interview happens tomorrow. If salary is to my satisfaction, I may invoke AC21. It is a consultancy company in Seattle.

I am also very conservative and I have been trying to avoid the change of employers. However, I am just getting old and I keep losing opportunities. That's enough.

My only concern is not with the AC21 process per se. From what I've seen, I am more confident to use it. I would take letter from employer and not send it to USCIS. If USCIS wants a letter, they can always request one. My rationale is that I sent a ton of docs during my I-485 filing, and yet I have USCIS sending me a giant I-485 RFE.

My only concern is what happens if new job doesn't work out ? I would be a in a very unconfortable situation seeking again for a full-time job on same or similar occupation restriction thing. That's the part that I worry about.


neilgc said:
You are correct Cheekoo, I think I am being over-cautious.
Thanks a lot for taking time to reply in details and increasing my confidence. I really appreciate your sugestions.
Click to expand...
 
I have also used AC21 and my personal preference was to send the docs proactively. GC is all about intent and by sending proactively at least you are making your intent clear and it will surely have a positive impression on the adjudicator. Anyway this is my personal though. By sending new documents you also trigger a look at your file. Anyway this was my personal preference and I just thought of sharing it. Decision will be yours but at least you will have this side of view too before making a decision.
marlon2006 said:
NeilGC, let's join forces on this. It seems I have a potential job offer lined up and interview happens tomorrow. If salary is to my satisfaction, I may invoke AC21. It is a consultancy company in Seattle.

I am also very conservative and I have been trying to avoid the change of employers. However, I am just getting old and I keep losing opportunities. That's enough.

My only concern is not with the AC21 process per se. From what I've seen, I am more confident to use it. I would take letter from employer and not send it to USCIS. If USCIS wants a letter, they can always request one. My rationale is that I sent a ton of docs during my I-485 filing, and yet I have USCIS sending me a giant I-485 RFE.

My only concern is what happens if new job doesn't work out ? I would be a in a very unconfortable situation seeking again for a full-time job on same or similar occupation restriction thing. That's the part that I worry about.
Click to expand...
 
Exactly marlon2006, I am also tired of loosing good opprtunities, so I have decided to take this offer.

Regarding loosing the new job, I think it is not really in our hands. As long as we keep doing a good work and the employer is happy with your work, there is a less risk of loosing the job. The way I thought is, normally most of the companies won't fire you on a day's notice(unless you do some misconduct etc). They will give a enough notice if there is a layoff due to economy/market conditions etc. I believe I will have enough time to find atleast a consulting job and there are lot of consulting companies who will be willing to hire you as a full time if you approach with a project in hand.
Let us know what you decide about using AC21.

marlon2006 said:
NeilGC, let's join forces on this. It seems I have a potential job offer lined up and interview happens tomorrow. If salary is to my satisfaction, I may invoke AC21. It is a consultancy company in Seattle.

I am also very conservative and I have been trying to avoid the change of employers. However, I am just getting old and I keep losing opportunities. That's enough.

My only concern is not with the AC21 process per se. From what I've seen, I am more confident to use it. I would take letter from employer and not send it to USCIS. If USCIS wants a letter, they can always request one. My rationale is that I sent a ton of docs during my I-485 filing, and yet I have USCIS sending me a giant I-485 RFE.

My only concern is what happens if new job doesn't work out ? I would be a in a very unconfortable situation seeking again for a full-time job on same or similar occupation restriction thing. That's the part that I worry about.
Click to expand...
 
Me too. I missed a top-notch last year just because of my lawyer apparently has no experience or knowledge at all on AC21 and discouraged me from using it. I won't make a mistake again. If another opportunity comes my away, I will invoke AC21.
 
quick question...what happens if you dont invoke AC21..change employers due to lay off or somethin and in a few months 485 gets approved? Do you just walk away smiling with GC?

In my case my 485 was just applied 7/06. I have H1B until oct2007. If I am let go...I will transfer to another company on H1b...even though I shld receive AP, FP, EAD within next month or so. If my employer doesnt pull my I-140 (likely -they are nice) should I just shut up and work in new company waiting for 6 months to elapse to be eligible for AC21 or a fast approval to come thro... or do I need to restart the GC again from scratch?

Thanks!
 
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