Is it absolutely a must to file AC21 papers once you change jobs

G

gc_ki_khoj_me

Registered Users (C)
To all the Gurus out there ...

I have changed my job recently to another similar job. I am on EAD with I-140 approved last year and 485 pending for more than a year and half now.

My lawyer says there is some memo per which I should submit an AC21 package to CIS to inform them about my change of job.

My question is this

If I dont submit it now and later I do if there is an RFE does that constitute breaking any law on which ground they can deny my 485?

Also if they dont ask and I dont tell them and they approve my case (assuming I am still working for the same employer they have infirmation of which I am not) later during GC renewal could there be any issue?

Your inputs are highly appreciated
 
You can file for AC21 voluntarily or if requested to submit an EVL due to a RFE. Other than that is no requirement asking you to submit compulsorily everytime you change your job. Technically you could change your job multiple time, but need to make sure that the job profile is the same.

In case of approval without AC21 but after changing jobs, there is no cause for worry. INS does not go back to investigate.

Good luck!
 
gc_ki_khoj_me said:
If I dont submit it now and later I do if there is an RFE does that constitute breaking any law on which ground they can deny my 485?
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There were several cases here where people got NIOD based on CIS not receiving AC21. Then after filing Motion to reopen, they got approval but only after a painful procedure. So I'd suggest you file Ac-21, that's the law - you can use it if you file it. Why would you not do that?

gc_ki_khoj_me said:
Also if they dont ask and I dont tell them and they approve my case (assuming I am still working for the same employer they have infirmation of which I am not) later during GC renewal could there be any issue?
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I don't think so. And yes, it can happen that you get approval without RFE.
 
ruxrux said:
I don't think so. And yes, it can happen that you get approval without RFE.
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Like I got mine. I changed my job an year ago. Did not submit any papers for AC21. Got my approval last week. No RFE's.

All the best!
 
I also changed my job after filing 485.
I didn't send the AC21, my case was also approved Jun 9th without RFE.
 
ruxrux said:
So I'd suggest you file Ac-21, that's the law - you can use it if you file it.
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Ruxrux,

Filing AC21 is NOT compulsory. If and only if RFE'ed for EVL do you HAVE to send it in. The key reason for not sending it in, is because you don't want to complicate your case further.

If you send the AC21 in, INS will have search up your file in some god forsaken warehouse, then insert these documents in it, there are high probabilities that it will get lost, but might show up on the computer as some papers missing, in which case, it will trigger off an RFE.

The best way to play this is to not send anything UNLESS asked for. With the new memo on reduction of RFE's, it makes even more sense not to send AC21 unless asked for. If your sponsoring company is a corporation with a well known name, there are high chances that you will not be sent a RFE, instead will be in the queue for rapid approval. :)

Offcourse the most legal way to deal with this is to send the AC21 as soon as you change companies.
 
You're right, I searched the forum and I got it wrong. The guy got the NIOD because he didn't answer his RFE in connection with AC-21, not because he did not file AC-21. And yes, in view of current CSC no-RFE trends it is smarter to be quiet.
 
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