How Does the INS Know to Send an RFE

[Obongo]

Hi,

I've noticed that quite a few people who did not tell
the INS about a job change get RFE's asking if they
intend to use AC21?

How does the USCIS know you've changed jobs unless
you self report it.

Obongo

 

[ginnu]

Hi,

I've noticed that quite a few people who did not tell
the INS about a job change get RFE's asking if they
intend to use AC21?

How does the USCIS know you've changed jobs unless
you self report it.
--they have your SSN and can find out where you are working or worked. They can find anything about you.

Obongo

 

[Obongo]

Okay. That explains my case. When they approved my AOS
I had just worked for the new company for only 10 days so
I doubt my SSN would have showed up the new employer.

 

[TheRealCanadian]

How does the USCIS know you've changed jobs unless you self report it.

The sponsor withdraws the I-140? The new employer files a non-immigrant visa petition?

Generally speaking, USCIS doesn't have "at their fingertips" access to SSA's records.

 

[sambos]

Is there a rule that prior company cannot revoke I-140 after 180 days ??

Also i am trying to file my AC21, wanted to know if there are any Approved cases for AC21 on EB3 ?? - So far i have only heard for EB2-Ac21 approvals ...

Wondering if its not a good idea to use AC21 on EB3 cases - as i see there are lots of I485 RFE's or denials ???

Pl advice ...


Thanks!
sam
EB3
june 2003 - Priority date
I40 approved, 485 pending (under retrogression... )

 

[santa4u]

Yep....IRS / USCIS / SSA do not share records...
but slowly they are planning to integrate systems...(in the pipeline)...so that employers can lookup a newly hired emloyee with USCIS and USCIS would verify with SSA to verify work eligibility . They even introduced a pilot in Dallas (Employement Verification System - stuff like that)...

Yep, until employer revokes I-140...usually USCIS doesn't know...
but yep..as TheRealCanadian said...applying for H1B with a new employer may also possibly give them a clue ...

 

[sambos]

My question was to RealCanadain as he seems also have applied Ac21 on EB3.

Wonder why they introduced Ac21 with a possibility of prior employer could revoke I140.
why RFE still goes to the previous employer - there should be a system that notifies INS about the current employer - seems there are many loopholes..


just my thoughts...

 

[TheRealCanadian]

Is there a rule that prior company cannot revoke I-140 after 180 days ??

No, the I-140 sponsor can always withdraw the I-140 by informing USCIS that they do not intend to employ the alien. AC21 doesn't prevent the sponsor from doing this, nor should it; it merely changes the consequences for the alien when either the alien or the sponsor decides to walk away.

Also i am trying to file my AC21, wanted to know if there are any Approved cases for AC21 on EB3 ?? - So far i have only heard for EB2-Ac21 approvals ... Wondering if its not a good idea to use AC21 on EB3 cases - as i see there are lots of I485 RFE's or denials ???

AC21 is exactly the same for EB2 or EB3 cases. You see more EB2 cases because this forum has a significant Indian contingent, who because of priority date waits have a huge incentive to file EB2 wherever possible.

Wonder why they introduced Ac21 with a possibility of prior employer could revoke I140.

Because under AC21, an I-140 revocation is not fatal to the I-485; it just means a Notice of Intent to Deny, and you simply respond to this by providing evidence of AC21 eligibility. The 30-day time frame is in my opinion probably too short considering how slow many attorneys' offices move, but in fairness to USCIS that isn't their fault or their problem.

why RFE still goes to the previous employer - there should be a system that notifies INS about the current employer

RFEs on an I-485 never go to the employer; they always go to the employee since the employer is not a party to the petition. There is a system to notify USCIS; it's called an RFE or an NOID - they ask you for your current employer, and you tell them.

 

[santa4u]

My question was to RealCanadain as he seems also have applied Ac21 on EB3.

Wonder why they introduced Ac21 with a possibility of prior employer could revoke I140.
why RFE still goes to the previous employer - there should be a system that notifies INS about the current employer - seems there are many loopholes..


just my thoughts...

sambos - I agree AC21 covers an employee but is also filled with potential small loopholes....
- It still allows employers to exercise the discretion of withdrawing I-140 / reusing labor and then open the possibility of two employees getting Green Card and potentially one guy getting rejected (which USCIS has not clarified upon till date?)
- When somebody invokes AC21, USCIS at times issues NOID, that may potentially result in 485 denial and then the hassle of MOTR......USCIS should know that AC21 is more common and start working towards giving more time to employee to submit AC21 documentation and thus avoid scenarios of 485 cancellations to a minimal! 485 denial is so scary for an employee...USCIS should realize that and offer more time to an employee!

 

[TheRealCanadian]

- It still allows employers to exercise the discretion of withdrawing I-140 / reusing labor and then open the possibility of two employees getting Green Card and potentially one guy getting rejected (which USCIS has not clarified upon till date?)

This is the big question with AC21. I can't claim any predictive powers over USCIS, but I would be personally quite nervous if I was the beneficiary of an LC that was previously used by an alien who claimed AC21. Generally, USCIS has clearly prevented the Service Centers or District Offices from doing anything that guts the spirit of AC21. There's no guarantees that this will continue, but the clear intent of Congress was that AC21 relief could not be yanked away by the employer.

When somebody invokes AC21, USCIS at times issues NOID, that may potentially result in 485 denial and then the hassle of MOTR

First off, invoking AC21 does NOT result in an NOID automatically. Second, USCIS occassionally makes mistakes, but you can't very well fix a process by merely saying "well, don't make mistakes".

The only thing that is guaranteed to result in an NOID is I-140 withdrawal, and in such a circumstance it is the only logical thing to do, since based on what USCIS has in evidence, you no longer qualify for permanent residence.

......USCIS should know that AC21 is more common and start working towards giving more time to employee to submit AC21 documentation and thus avoid scenarios of 485 cancellations to a minimal! 485 denial is so scary for an employee...USCIS should realize that and offer more time to an employee!

While 30 days may be problematic in some cases, I don't consider it an especially unreasonable timeframe. Evidence of your current job should be relatively straightforward (you do have an offer letter and a paystub, right?) and getting it to USCIS shouldn't take a month.