did anybody got AC21 denied due to Clause

[Rahee]

Has any one got AC21 denied due to the clause in AC21 august Memo

The 08/04/03 memo [http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf] says “In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment.”

If we read above do we need to get letter from past employer who filed I-140 that past employer HAD the Intent at the time I-40 was filed?
It is difficult to get this kind of letter from past employer because they May not give one.

Did any once faced problems due to this clause when used AC21 or the USCIS or Local uscis office dont care if file gets transfred to local office for interview

 

[TheRealCanadian]

If we read above do we need to get letter from past employer who filed I-140 that past employer HAD the Intent at the time I-40 was filed?

The answer is "It Depends". If the case is a future employment case where the alien NEVER worked for the sponsor, then the question may come up.

In my own situation, I was laid off two months before the I-140 was approved, but right before the approval I was given a future employment letter by the company, clearly establishing the bona fides at the time of I-140 approval.

I've almost never seen the question come up, except in the situation I outlined above, where an alien never worked for the company.

 

[ginnu]

If we read above do we need to get letter from past employer who filed I-140 that past employer HAD the Intent at the time I-40 was filed?
-------the employer must have had the intent, at the time Form I-140 was approved, to employ the beneficiary upon adjustment.” the clause does not only ask the intent when I-140 was filed.


TheRealCanadian had got that Intent letter or future job offer letter so no problem. It seems RealCanadian case was transfred to local USCIS for Interview , he can let others know if he was asked for this kind of letter when he attended Interview to use AC21.
I have not read any AC21 case posted here that was asked to provide Intent letter, but who knows they may ask or they may not dig it. many employers who filed I-140 in 2000 or 2001 many have closed the shops and many workers will be having I-485 still pending based on that I-140, it will be difficult to locate the employer for many and even if if they locate the past employer then employer may not be ready to provide this kind of Intent letter if asked.