Any AC21 Approvals?

H

Hlmpl

New Member
Hi all,
I applied for I-485 more than year ago and was laid off recently(> 180 days). I talked to my lawyer and they say i need to file for AC21. They also said since there are no clear regulations on AC21, all the AC21 applications are held without approval.

I wanted to find out if there is anyone out there who used AC21 and got approved.

Any responses will be apreciated.
 
Concurrent filed I-485 petitions

Heard that INS will approve all concurrently filed I-1485 petitions in 5 to 6 months along with I-140. Is there any truth in the story. Did anyone heard about it. Please post details here.
 
Hlmpl

Most of the lawyers are notifying the INS when the beneficiary changes the employer after 180 days on I-485. It is just to impress the INS about our honesty. Some people choose to ignore it, take chances and wait for approval. Even if you don't notify the INS before they decide on your case, only three things will happen. They will approve the case at the service center itself based on the knowledge that you are still working for the company or issue RFE or they will transfer the case to local INS office. If it gets transferred, then at the time of interview, you will get a chance to tell the officer that you have a letter from new employer who is willing to employ you as per the conditions of the original labor petition, like title and wages. Then the officer normally won't stamp the passport but he would say that he will go through it and mail the decision. Within a week, they will mail the decision. I have never seen anyone who got denied in such situations. Three of my friends who went through the interview process got approvals within 3 to 4 days in the mail after final interview. They all changed employers after 180 days.
 
Hlmpl

If you want to take chances, just wait. INS might approve it with no questions asked. If you do not want to take chances, then ask your lawyer to nofity INS that you changed employer after 180 days. When notifying them, make sure you send some kind of proof showing (like paystubs) that you worked with old employer for 6 months and also provide the new employers letter showing support for your GC as per the terms and conditions of the LC. The other option is, wait until INS issues an RFE and then provide all these documents to let them know that you changed employer after 180 days.
The good thing about INS is that they never deny I-485 petitions without giving us an oppurtunity to explain things, if they find anything unusual. That's when they transfer the cases to local INS office for the specific purpose of seeing the candidate in person for clarifications.
 
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