Jaxen, Gurus - Please Help!...

[Venu123]

Hi Guys,

I plan to switch employers shortly. I filed for I-485 in Feb 2002.

Here are my questions -

1. How do I submit AC21 documentation (what forms, what supporting documents, which address to mail to etc). Where do I get these details?

2. Should the AC21 forms, be submitted only by an attorney --OR-- can I file it myself?

3. How long does typically INS take, to process AC21 documents (from the date of receipt in the mailroom)

4. I might be getting my GC in another 3-4 months. Would AC21 affect the remaining part of my adjucation process??

Please advise.

Thanks for your time and efforts.

Venu.

 

[jaxen]

Well as such there are no forms now. Maybe BCIS might file them later.
But here is what people are doing
1. File with the service center (or local office ) where the I485 is pending. Use the general PO box or I485 PO box. Does not matter.
Documents: A letter from employer very similar to the offer letter given by the sponsoring employer(job offer at salary with responsibilities , title after GC approval), I485 receipt copy, A letter from you explaining that you are exercising AC21

2. I would advise you to use an attorney. There is no second place in I485 approval.

3. BCIS receives the docs and puts it in your file. When an officer is assigned to the case, then your AC21 application gets looked at. Based on what that officer perceives, either you will get a RFE or an approval

4. Yes, it may, because assignment to an officer is the penultimate activity before approval (or RFE)

 

[Venu123]

Jaxen - Thanks. Need some more help!

THanks Jaxen!

Have some additional questions -

1. Do you have a format of the letter, that one should write to the INS informing the employer change.

2. I read in murthy.com, there are chances that INS might approve the application even before the mailroom processes the AC21 documents. Is that true?? If so, how long does the INS mailroom typically take before processing the received documentation.

3. There are people on both sides of the argument "Whether or Not to inform INS about employer change". What is your view on this? The reason being, I don't want to inadverently prolong my adjucation process by voluntarily putting forth non-mandatory information. Also, I don't want to do something illegal (by not disclosing voluntarily)

Please advise.

As always, thanks for all your sincere help.

Venu.

 

[jaxen]

1. Will post one in I485 FAQ soon
2. Unless your I485 has been already assigned to an officer, I dont see this happening.
3. My opinion, if your job title, responsibilities and salary, are similar, inform BCIS. If you have doubts (salary lessser, job title totally different- mgmt position vs. developer ) then I would advise that you play it by ear.

If BCIS approves your GC, then you can claim in your citizenship interview that BCIS did not come out with regulations. BCIS does not even acknowledge receipt of your AC21 letter for one. So you can even claim that you did send such a letter.

If BCIS generates an employment RFE , you have to respond with the new employment details and keep biting your nail.

Whatever route you take you need a solid lawyer backing up your opinion. A good lawyer can win an appeal. Make sure that you and your lawyer do not work in cross purpose.

My opinion, there are no regulations by BCIS, So no sweat. Of course supporters for such approach are diminishing...