Isn't AC21 risky? (Murthy Story!)

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banta4gc

Registered Users (C)
Looking at this story....Isn't it risky to use AC21?

Look at this Murthy story....the guy - let's say he was working on EAD using AC21...his I-485 got denied...he and his wife can't work....had to go back to his home country ....took 8 months to get it approved again...only then, can he return back to US...losing 8 months of wages for him/wife and paying fees for lawyers...

I am just assuming the worst case scenario? When will USCIS get the brains to put a regulation and really hold it implementable? Why are they keeping the I-140 revocation freedom to employers, still!


>>>>>>>>>
http://www.murthy.com/news/n_apprea.html

When the USCIS issues a NOIR, it essentially means that they intend to revoke / rescind the previous approval based on the fact that the approval was issued in error. As a result of our repeated follow-up with various agencies, the USCIS has finally (almost eight months later) affirmed the earlier GC approval. Our firm is pleased to share this good news with MurthyDotCom and MurthyBulletin readers and to advise others to be careful to follow the law as well as the USCIS's recommendation to notify them of a change of employers under AC21.
 
banta4gc said:
Look at this Murthy story....the guy - let's say he was working on EAD using AC21...his I-485 got denied...he and his wife can't work....had to go back to his home country ....took 8 months to get it approved again...only then, can he return back to US...losing 8 months of wages for him/wife and paying fees for lawyers...
Click to expand...

But his GC was never rescinded, and he never had to leave the country. What's the concern here?
 
TheRealCanadian,

Are you saying that - he just got a notice(NOIR) and no denial? That means, the NOIR was replied with AC21 documentation....
then why it took 8 months?....
shouldn't the 485 approval be re-instated...as soon as the NOIR is responded/refuted?
 
Does not help!!

I think Murthy wants to send the message that we should inform uscis about job change under AC21 but that does not help. I have recieved a NOID inspite of the fact that I sent AC21 with all relevant documentation. Whether or not u wanna inform uscis about your job change is a personal choice either way you are not safe...
 
banta4gc said:
That means, the NOIR was replied with AC21 documentation....then why it took 8 months?....shouldn't the 485 approval be re-instated...as soon as the NOIR is responded/refuted?
Click to expand...

The Green Card was never rescinded, so there was nothing to reinstate.
 
banta4gc said:
What about the 8 months - that the article is referring to?
Click to expand...

What about it? USCIS sent a Notice of Intent to Rescind, the alien responded back with countering evidence, and USCIS took their usual sweet time to process it and withdraw their notice.

Are you surprised that it took USCIS 8 months to process a case?
 
I was assuming that I485 got denied and it took 8 months for it to be reinstated...and the guy ended up being out of status for 8 months
 
banta4gc said:
I was assuming that I485 got denied and it took 8 months for it to be reinstated...and the guy ended up being out of status for 8 months
Click to expand...

But that's not what happened at all. It was a Notice of Intent to Rescind, which means that the GC had already been granted.
 
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