Filed AC21-Attorney gets letter from USCIS

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Babu71

Registered Users (C)
Hi,

I filed my AC21 after my I-140 approval & after 1 year of filing I-485 at the Vermont Service Center. I filed for AC21 in March 2006 through my new company attorney & also sent the G-28 forms along with that. After a month, my new company attorney has receieved a letter from the USCIS that says :

We have requested your file. It is not necessary to submit multiple requests for corrective action. Your request for review of this application/petition will be completed as quickly as our resources allow. Please allow a minimum of 60 days for this office to request, receive & review the file.

Any idea what does this mean?? Is this a acknowledgement of the AC21 that my attorney sent or is USCIS trying to say that we don't need to call them very often about this. By the way I never called them since last 4 months. Is it possible that my old employer is trying to call them? Because I didn't leave the old company in that good terms..although I have filed AC21 proactively before my old employer could do anything.

Please put your thoughts on this !!

Any suggestions are welcome !!

Thanks,
Babu71.
 
You never get any letter for AC21 ....

sending AC21 is just a security measure ... in my opinion .. Lawyers make another $1000-$2000 just to draft this letter for USCIS. Its just telling USCIS that " Hey, we know a little law too. and this AC21 is also there.

Please tell me, How much $ did your new lawyer take from you ?
 
Cheeko,

Thanks for your response !! By the way, the lawyer didn't take any money from me. She is the lawyer of the new company which I joined & the new company is taking care of my AC21 & the GC processing from here on !!

Thanks,
Babu71.
 
Babu71 said:
Hi,

I filed my AC21 after my I-140 approval & after 1 year of filing I-485 at the Vermont Service Center. I filed for AC21 in March 2006 through my new company attorney & also sent the G-28 forms along with that. After a month, my new company attorney has receieved a letter from the USCIS that says :

We have requested your file. It is not necessary to submit multiple requests for corrective action. Your request for review of this application/petition will be completed as quickly as our resources allow. Please allow a minimum of 60 days for this office to request, receive & review the file.

Any idea what does this mean?? Is this a acknowledgement of the AC21 that my attorney sent or is USCIS trying to say that we don't need to call them very often about this. By the way I never called them since last 4 months. Is it possible that my old employer is trying to call them? Because I didn't leave the old company in that good terms..although I have filed AC21 proactively before my old employer could do anything.

Please put your thoughts on this !!

Any suggestions are welcome !!

Thanks,
Babu71.
Click to expand...

Did you change service centers?
 
Hi Minn_Labor,

Nope I didn't change the Service Center. The Service center remains the same..i.e Vermont Service Center(VSC).

Thx,
Babu71.
 
Babu71 said:
Cheeko,

Thanks for your response !! By the way, the lawyer didn't take any money from me. She is the lawyer of the new company which I joined & the new company is taking care of my AC21 & the GC processing from here on !!

Thanks,
Babu71.
Click to expand...

Same case here, I am not paying but my company is.

The lawyer is milking my company making fools of them. The charge bigbucks for simple things like EAD/AB/AC21 etc.
 
It is not required to send job change information (AC21) to USCIS, unless they asked for it. No memo or rule specifies that one should inform the job change. If any one sends additional paperwork, it is a burden for 485 adjudicators and also complicates the process. Already, they are overloaded with 485 backlogs.

Therefore, my advise is, do not send any AC21 information to them. If they issue RFE for job change, then send all the information.
 
Even if you send the AC21 papers proactively USCIS just ignores them.
I am not even sure those papers even go into our I-485 file.
And as usual they will issue the NOID or RFE based on the I-140 status.
At least that is what happened in my case.

But most of the lawyers advice people to file AC21 proactively. Even those lawyers who don't charge extra money for AC21. So we can't just say lawyers are greedy in this case.
 
pacha_card said:
Even if you send the AC21 papers proactively USCIS just ignores them.
I am not even sure those papers even go into our I-485 file.
And as usual they will issue the NOID or RFE based on the I-140 status.
At least that is what happened in my case.

But most of the lawyers advice people to file AC21 proactively. Even those lawyers who don't charge extra money for AC21. So we can't just say lawyers are greedy in this case.
Click to expand...

There is no actual need for that letter to be sent pro-actively. An average adjudicator makes about 75k and knows that he can not ignore AC21 Law. Its was the initial days of AC21 when most officers were not clear about AC21 application that the cases were denied intitially and then the Lawyers had to send a letter quoting AC21 law.

Anybody can challange USCIS and win, if they USCIS ignores the fact that I140 is approved and 180+ days have passed for I485 in a case.

lately, I have not seen any AC21 case denied. therefore when USCIS recives any AC21 letter, no LUD changes. As for the RFE, USCIS asks for a letter from your CURRENT EMPLOYER. which in many cases is not the sponsoring employer.

Those lawyers who "charge" for merely sending that letter ,,,, they are greedy. OR. People who are convinced to send AC21 letter and cant send that letter themselves, are LAZY asses with lack of confidence.

My stand : Dont send AC21 letter pro-actively. Let the GC process takes its way. If any hurdle comes up, you or your lawyer can easily prove the conditions for AC21 are met.
 
EVL in case of AC21

Hi,

I understand that even if an EVL is sent to USCIS as a pro-active measure, they may not tie it to your I-485 app. Knowing this many of us, may ignore to inform USCIS until and unless there is a NOID or RFE asking for current info. Imagine a situation where there is no RFE, we do not pro-actively send EVL and the GC is approved on the original sponsor. Now, technically speaking we should be working with the original sponsor as per law supposedly at least for 6 months to 1 year to prove intent of employment. Else it is fraud and you may be caught on wrong foot when you apply for citizenship subsequently. Is there a better way to handle this?

Thanks
Holen



Cheekoo said:
There is no actual need for that letter to be sent pro-actively. An average adjudicator makes about 75k and knows that he can not ignore AC21 Law. Its was the initial days of AC21 when most officers were not clear about AC21 application that the cases were denied intitially and then the Lawyers had to send a letter quoting AC21 law.

Anybody can challange USCIS and win, if they USCIS ignores the fact that I140 is approved and 180+ days have passed for I485 in a case.

lately, I have not seen any AC21 case denied. therefore when USCIS recives any AC21 letter, no LUD changes. As for the RFE, USCIS asks for a letter from your CURRENT EMPLOYER. which in many cases is not the sponsoring employer.

Those lawyers who "charge" for merely sending that letter ,,,, they are greedy. OR. People who are convinced to send AC21 letter and cant send that letter themselves, are LAZY asses with lack of confidence.

My stand : Dont send AC21 letter pro-actively. Let the GC process takes its way. If any hurdle comes up, you or your lawyer can easily prove the conditions for AC21 are met.
Click to expand...
 
holen said:
Hi,

I understand that even if an EVL is sent to USCIS as a pro-active measure, they may not tie it to your I-485 app. Knowing this many of us, may ignore to inform USCIS until and unless there is a NOID or RFE asking for current info. Imagine a situation where there is no RFE, we do not pro-actively send EVL and the GC is approved on the original sponsor. Now, technically speaking we should be working with the original sponsor as per law supposedly at least for 6 months to 1 year to prove intent of employment. Else it is fraud and you may be caught on wrong foot when you apply for citizenship subsequently. Is there a better way to handle this?

Thanks
Holen
Click to expand...

THATS WHY AC21 EXIST .... To relax the bond for the employee.

+ GC is for future employment
+ If 180 days have passed for I485 and no decision is taken by USCIS, The Intended Immigrant is allowed to port.
+ Intent is intact for 180 days.
 
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