God save the Queen and me.... OK, I am sorry, God save the Queen and all of us....
Chat User : Is a prospective similar job letter with salary and duties sufficient for AC21 purposes when an RFE comes?
Attorney Murthy : Usually, it is safer to use that letter with the summary of the AC21 law and a copy of the law, and present the arguments in case there is a junior BCIS officer who is not familiar with AC21 law. We have recently seen that in an RFE issued by NSC where it appeared the examiner was not aware of AC21 law at all. So, it is best to submit as much evidence as possible in advance. If the letter only offers a prospective job, rather than submitting proof the individual is actually working for the company, the case may be sent in for interview.
Chat User : I was laid off on April 18, 2003, 4 months after applying for Adjustment of Status (I-485). I received my EAD and AP. Is there any problem since it is before 180 days of applying for I-485?
Attorney Murthy : Good question, but today no one can be 100% sure. As you may know, originally, until early 2002, then senior INS (now BCIS) officials advised us that such cases should get approved as long as the BCIS takes longer than 180 days to adjudicate the I-485 application, it should be fine.
Now that some of the senior officials are no longer working for the government and now that it is part of the Department of Homeland Security, no one is completely sure how the regulations will end up. We had been advised that there would be a generous interpretation of the AC21 provisions. Now, we are no longer sure since the service centers are making unfavorable decisions without sufficient guidance from headquarters.
It is certainly worth trying, as there is no definitive guidance saying it is not allowed. Certainly, cases of this nature have been approved. It is just unclear whether they will continue to be approved.
Chat User : Is a prospective similar job letter with salary and duties sufficient for AC21 purposes when an RFE comes?
Attorney Murthy : Usually, it is safer to use that letter with the summary of the AC21 law and a copy of the law, and present the arguments in case there is a junior BCIS officer who is not familiar with AC21 law. We have recently seen that in an RFE issued by NSC where it appeared the examiner was not aware of AC21 law at all. So, it is best to submit as much evidence as possible in advance. If the letter only offers a prospective job, rather than submitting proof the individual is actually working for the company, the case may be sent in for interview.
Chat User : I was laid off on April 18, 2003, 4 months after applying for Adjustment of Status (I-485). I received my EAD and AP. Is there any problem since it is before 180 days of applying for I-485?
Attorney Murthy : Good question, but today no one can be 100% sure. As you may know, originally, until early 2002, then senior INS (now BCIS) officials advised us that such cases should get approved as long as the BCIS takes longer than 180 days to adjudicate the I-485 application, it should be fine.
Now that some of the senior officials are no longer working for the government and now that it is part of the Department of Homeland Security, no one is completely sure how the regulations will end up. We had been advised that there would be a generous interpretation of the AC21 provisions. Now, we are no longer sure since the service centers are making unfavorable decisions without sufficient guidance from headquarters.
It is certainly worth trying, as there is no definitive guidance saying it is not allowed. Certainly, cases of this nature have been approved. It is just unclear whether they will continue to be approved.