AC21 while RFE on 485

[eloqgib]

I am new to this forum. Please in your kind replies do not use technical abbreviations because I do not understand 90% of them, or if you do decide to use them please tell me where I can look them up. Thanks.

I have an approved 140, and my 485 has been pending for over 180 days. I was planning to invoke AC21, and have a promising interview next month. However, this week I was issued an RFE on my 485. My questions are:

1) can I use AC21 while there is an outstanding RFE?
2) should I apply for AC21 before I respond to RFE?

Any insight would be much appreciated.

 

[ginnu]

I am new to this forum. Please in your kind replies do not use technical abbreviations because I do not understand 90% of them, or if you do decide to use them please tell me where I can look them up. Thanks.

I have an approved 140, and my 485 has been pending for over 180 days. I was planning to invoke AC21, and have a promising interview next month. However, this week I was issued an RFE on my 485. My questions are:

1) can I use AC21 while there is an outstanding RFE?
2) should I apply for AC21 before I respond to RFE?

Any insight would be much appreciated.

first check the RFE what they are asking and reply to RFE (you can also send request to invoke AC21 at the same time if RFE is for Photo, Birth certificate or copy of I-94, job offer letter.......)

 

[isitanylonger]

good situation

I am new to this forum. Please in your kind replies do not use technical abbreviations because I do not understand 90% of them, or if you do decide to use them please tell me where I can look them up. Thanks.

I have an approved 140, and my 485 has been pending for over 180 days. I was planning to invoke AC21, and have a promising interview next month. However, this week I was issued an RFE on my 485. My questions are:

1) can I use AC21 while there is an outstanding RFE?
2) should I apply for AC21 before I respond to RFE?

Any insight would be much appreciated.

You are actually in a perfect situation. AC21 can only be invoked after approval of the I140 and before approval of the I485. If the I485 gets approved, you can no longer invoke AC21 and must stay at your present employer for a period of time. Having an RFE means that you can control when your I485 gets approved.

AFAIK, you don't need to inform USCIS that you intend to invoke AC21 unless they specifically ask you to, but you should talk to your lawyer about that.

 

[eloqgib]

Thank you. Very helpful responses.

Related question:

1) when applying to a new company, do I need to talk to them up front about AC-21 etc. I have observed that a lot of US employers are afraid of getting involved in immigration matters. One question many ask is whether sponsorship is needed. I know that its not in my case. But I also suspect that my bringing up AC21 could potentially make a great offer only an average one.

 

[GreenCardVirus]

Thank you. Very helpful responses.

Related question:

1) when applying to a new company, do I need to talk to them up front about AC-21 etc. I have observed that a lot of US employers are afraid of getting involved in immigration matters. One question many ask is whether sponsorship is needed. I know that its not in my case. But I also suspect that my bringing up AC21 could potentially make a great offer only an average one.

I did that mistake of mentioning EAD/AC21 etc. The well know prospective employer got confused and said they do need GC to employee me. Later I found that there were other people on EAD who joined the same company based on 180 day rule.

However, my current employer picked up my remaining 485 process, worked out ok for me because they paid for my AC21/MOTIC/EAD/AP which otherwise would have costed me truck loads of money.