Please help!! AC21 question

H

hbt2002

Registered Users (C)
My friend's lawyer told him that if his company lays him off after 180 days of 485 application, he does not have to show proof of employment during approval. However, if he quits himself, he must have a job ready.

Everything I read everywhere seems to indicate otherwise. You must have a job regardless. Can anyone please confirm this?

Thanks

hbt
 
Yes lawyer is right on that point of portability as applicable to the adjustee Vs the company.
 
If there are no RFE/interview, you don't need to have a job at the time of approval. If there are, you need to have a similar job. AC21 explicitly states that you need to show you are not a public charge. The the safest way is to go find a job ASAP!
 
Thanks for your reply. I have another question.

If I quit and then company revokes the 140 application, do I still have a chance to get approved given that I find a similar job by then?

Thanks.
 
Jaxen:
Can you please elaborate on your comment? When an interview is scheduled or a RFE issued:
as far as the applicant is conerned, did you mean that he/she does not need to show any employment if he/she is laid-off by the sponsoring company?

Just curious how must we interpret your comment...
 
ac21

To use AC21, one and only one safe way is :
work for the employer over 180 days, change to (or laid off and find) a similiar job, file letter to INS, INS adjudicates the case based the new job.

Other scenerios will have problem in the future.

A. never inform INS job change, the case is approved

B. no job when case is approved, soon find a new similiar job.

c. never work the sponsor company(future job), case pending is over 180 days and approved

.........................

all the above cases have the material mispresentation problem.
It's your responsibility to inform INS your employment change.
Otherwise, INS can revoke your GC in the future.

per my lawyer.
 
I talked to Sheela Murthy earlier this week and she told me that INS only issues RFE for employment 50% of the time. There is a good chance I will never get an RFE even if I quit the current company and 140 is not revoked.

This seems to imply that if you don't get an RFE, you should be fine. She never mentioned anything about getting into trouble.

-----------------
I am still hoping that somethone will answer my following question that I asked in a previous post:

If I quit and then company revokes the 140 application, do I still have a chance to get approved given that I find a similar job by then?

Thanks --
hbt
 
OK if you find a similiar job at that time.

laid off or change job when I485 pending over 180days, find a similiar job when case is adjudicated, fine, no problem.
ex-employer no way to revoke I140 or I485 when 180 days is over.

The problem is Inform INS or NOT about the job change.
When apply for Citizen, what will happen. No body knows.

My laywer said it is a BIG problem in the future is not to inform INS.
 
Question to the experts

Under AC21 rule, do you have to find a full time permanent position or a contract job will do as well?

Thanks in advance.
 
hbt2002 & Jaxen

hbt2002 & Jaxen,

Are u guys sure that a person can stay without an employment after working for 180 days with the sponsoring employer from the day 485 was filed.

In case he gets an RFE after 8 months from the time he got laid off for employment letter and the latest 3 paystubs how will he respond to this query since this one is the most common rfe?


In case his file is transfered to a local office they will ask for an employment letter & also latest paystubs? where will he get this from if he is not employed anymore?
 
Re: hbt2002 & Jaxen

Originally posted by chinnacc
hbt2002 & Jaxen,

Are u guys sure that a person can stay without an employment after working for 180 days with the sponsoring employer from the day 485 was filed.

In case he gets an RFE after 8 months from the time he got laid off for employment letter and the latest 3 paystubs how will he respond to this query since this one is the most common rfe?


In case his file is transfered to a local office they will ask for an employment letter & also latest paystubs? where will he get this from if he is not employed anymore?
Click to expand...

It is not ok to have no job at the time of RFE/interview. According to AC21, INS can deny you based on the fact that you are a public charge.
 
i have one question regarding full-time permanent and contract jobs..
is working for a company in w-2 is considered as full-time permanent job?


please let me know
 
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