Approved at Last...

4

485atvermont

Registered Users (C)
Hi! All,

My case has been approved atlast. I got RFE for Employer Letter (AC21 format), 2 Affadiavates for Birth certificate, last 6 Paytubs, Passport copies. My RFE was received by BCIS on 07/07/2003 and on 07/11/2003, it was approved.

FYI: I've changed employer after 180+ days on I-485 RD

A long wait is over now... I thank you all for your kind cooperation and timely suggestions.

I wish goodluck! and Speedy Approval for all those on wait list.

My Special Thanks! to Mr. Rajeev Khanna
 
hi! congrats!

i assumed that you didn't informed bcis of job changed b4 approval that is why you sent an ac21 letter format re ur rfe, what kind of format is that? i'm expecting an rfe also sometime next months, as i am the same case as you. it'll be great if you can share the format.

many thanks!

rd:02/14/2002
nd:030/8/2002
fp:05/01/2002
 
format of letters

Hi,
can you give me formats of the AC21 letters? I would appreciate it.

Thnaks,
SRKS.
 
Hi! All,

Thanks! for your wishes and Goodluck! to all.
I've already updated rupnet.

Joeyet:
I changed my employer after 180+ days on I-485 receipt but I never informed BCIS because I didn't had paystubs for more than six months in a row, as I was on bench. When I spoke to my attorney about the same, he told me... if we receive any RFE then we'll submit AC21. The format of AC21 is the regular format, which everyone is using in this site.

I believe the reason I got RFE for Employment letter and last 6 paystubs is because my Ex-employer has cancled my H1B and revoked my I-140 after he realized that I'm no more with the compnay. But strange thing is BCIS never questioned me anything about I-140.

I feel I'm very lucky, when it comes just to Immigration matters.

Anyways Goodluck! to all.
================== AC21 Format ==================
Bureau of Citizenship and
Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

RE: I-485/ Additional Documentation Submission
Applicant:
Case#: EAC-02
Alien#:

Dear Sir or Madam:

This letter is in regards to the I-485 application for adjustment of status filed on my behalf.

On January DD, 2002, my I-485 application was filed based on an approved I-140 by my former employer, ABC, Inc. In Aug/Sept 2002, I began lawful employment with XYZ Inc, pursuant to the Employment Authorization Document (EAD) issued on my behalf in conjunction with my I-485 application. I am currently employed in the same field as my previous employer, ABC Inc., and in a similar position.

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. (Attached for your reference are relevant portions of AC21.) In Aug/Sept 2002, pursuant to these guidelines, I changed employers from ABC Inc. to XYZ Inc, as my I-485 had been pending beyond the 180-day period required by law.

In light of the above, I maintain that I have lawfully changed employers pursuant to the AC21 statute, and that my I-485 application remains valid. I respectfully request that your office should adjudicate my I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.
 
485atvermont,

thanks so much for the format.. and for taking the time to type it. did you get an attorney to prepare the documents and mail them yourself? i'm not so sure if i need to get one or just send them myself. you mentioned that there is an attachment in your letter that refer to ac21 section. is it the same as this attached document?

once again congrats and i wish i could be as lucky as you too!!!

joeyet
 
485atvermont,

sorry i missed your comment about your attorney.. you did have one. did you signed the letter yourself or did your attorney signed it too?

thnx again.
joeyet
 
I had changed job 1 year after filing the I-485 and had informed the INS. My lawyer (Big Law Firm) had sent a letter which had no mention of AC21 at all. Only thing he mentioned was that my client XXX has a new employer since he filed his I-485. So i do not think mentioning AC21 really matters. Only requirement is that one should inform BCIS of job change. Please make sure you attach a letter from new employer stating your salary/job title/ responsibilities.

I did not get my approval yet but I have full confidence in my attorney.

I did not sign any document. He attached following documents with his letter.

1. Employer letter
2. Copy of approved EAD.
3. Form G-28. (Notice of entry of appearance as attorney.

Hope this helps. Again this was done by a very big immigration law firm, so I kind of trust them.
 
Last edited by a moderator:
Good luck, 485atvermont


user4569,
It all depends on the BCIS officer assigned to your case. Based on the messages from this forum, it appears to be safe if you have a job offer and new pay stub before you get RFE.
 
Thanks for the info .But, if we change jobs is it always true that we get RFE ?
Or is it only we do not inform the BCIS about the change?
 
Joeyet : I've got the AC21 format letter from this site only. I've forwarded the same letter to my attorney and my attorney has made some changes to the letter. My attorney has written the letter as if he has written the letter. So I didnot sign any where. My Attorney has signed the letter.

Feb2002Case: I don't think u should have any problem. You should get a direct approval. This is just my openion.


user4569: I was on bench for 3 months without salary after I changed my employer (after 180+ days on RD). I totally agree with Edison's comments on this.

Thanks! for all your wishes.
 
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