chances of transferred to local INS in case of AC 21

rajum

Registered Users (C)
chances of transferring to local INS in case of AC 21

I got a question.
Suppose one got RFE and one replied RFE with AC 21 and what are the chances that the case will be transferred to local INS.


-rajum
 
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I dont think local transfers are directly related to whether the case has a RFE or not.
 
please help

so if i use ac21 and leave my current job, within how much time shud i get a new job under similar occupation and wht is my status during the time between the old job and the new job in similar occupation??


thx for ur help.
 
HumHongeKamyaab

Your status is pending AOS. You do not have worry about status. You have to find job as soon as possible. My friend did not job until he got GC, fortunately he did not get RFE. His I-485 was approved without hitch.
In case BCIS request for pay stubs or W2 you will have problem. So ideally you should get job at least three months before getting RFE. When you will get the RFE? Only god knows.
 
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tammy2

tammy2,

thanx for ur response!

wht if i get rfe and i am not having a job in the similar occupation, but i have an offer in the similar occupation frm some other company? is that acceptable?

thanx!




Originally posted by tammy2
Your status is pending AOS. You do not have worry about status. You have to find job as soon as possible. My friend did not job until he got GC, fortunately he did get RFE. His I-485 was approved without hitch.
In case BCIS request for pay stubs or W2 you will have problem. So ideally you should get job at least three months before getting RFE. When you will get the RFE? Only god knows.
 
to tammy2

Your firend got RFE or not? Seems typo in your message.
How to handle the following case:

after I485 over 180 days, laid off, no job, got approved, find a similiar job within one month or two month. INFORM INS or not?
What's effect in the future Citizen application?
 
He did not get RFE.
I feel it is better to inform.That way USICS is sure you are not playing hide and seek. Even memo suggests that USICS expects you submit the letter of new employment. It was also my attorney's opinion. He said you are doing any thing illegal. I was laid off before 180 days. Changed job two times after that. Both company revoked my H1. My I-485 was applied in August 2002. I informed USICS about the change of employment recently.

There is other face for this problem. If you do not inform your GC will be approved under the old employer's name. But USICS expects that at least some time after GC approval you need to work for employer. How serious USICS takes this no one knows. Since the AC-21 is just three years old no one from AC-21 users group might have applied for citizenship/ GC renewal. Since they are expecting you submit a letter it is better to submit.

My suggestion would be When you feel safe just inform them.
 
to tammy2

Here is the risk:

When the case was processed by the INS officer, just at that day, no job offers for the applicant , and unemployed, and the case was approved. after one month, found a similiar job.
NOW, INS has never said AC21 is applicable after GC is approved.
If AC21 is applicable after GC approval, I think it is safe to inform INS the job change.
If inform INS, INS may revoke the GC because when the case was processed, no future job, and after GC approval, the petitionor should work for the original employer for some time(6 months)

Immigration law is ridiculous sometime.
 
But per other discussion if the employer does no fault termination or layoff then usually no questions are asked. You should not resign. That is what my attorney told when I raised this question.
 
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