Poll for People who have used AC21

S

sw28

Registered Users (C)
How many of you have actually informed BCIS of the job change. If not when r you planning to do so??

I have changed my job as per AC21 but haven't informed BCIS .I was a little worried seeing the denied case of urguest. Just wanted to know what everyone else is doing.

TIA
swa28
 
sw28, take it easy!! urguest's 485 was denied because the underlying 140 was revoked. Using AC-21 to switch jobs or notifying INS of the job change will not result in a denial
 
There's something to worry about!

Urguest did inform USCIS about the job change and cite AC21 (see the message attached below). But some dumbo officer just issued denial notice anyway.

Urguest can probably fight it off. But it does create a lot of pressure on the person who receives such a notice.

sw28, Urguest's case seems to suggest that filing AC21 does not prevent such a denial notice.


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urguest
Member

Registered: Aug 2002
Location:
Posts: 88
I-140 revokation by previous employer
My previous employer revoked my I-140 just out of frustratration. I left previous company after 1 year of filing I-485 and filed for AC-21 immediately. I filed my I-485 after I-140 approval.
 
To file AC21 or not? This is the question.

I changed job 9 months ago and still thinking whether to advise USCIS or not.
Points against this:
1. The thing is that you still have a little chance to get approval without RFE.
2. It sounds that it doesn't affect a decision when you are advising USCIS about the change - right after the change or responding an RFE.
3. It costs money for those whose new employer doesn't sponsor GC.
Points for this:
1. Just some rumors and thoughts of attorneys that it's better to do earlier than later.
 
Changed job on AC21 in Jan 2003. My new lawyers have informed USCIS in July 2003. But something tells me that INS has still not received that information. Because they sent the second fingerprint notice to my previous lawyers in Jan 2004.

I dunno whether they got my change of job letter. Will just have
to wait and watch.
 
AC-21

I used AC-21. I sent myself letter to BCIS notifying them that I have changed my job to new employer.
 
Another point for informing INS early.

Another point for informing INS early.

If somehow your I-485 gets approved and INS does not have a record that you have changed your job, then your green card is still due to your original employer in INS record.

Then two hassles might happen:

1) When you use your GC to return to the US, the officer at the airport may ask who you are working for (since your GC is employment-based). If you speak the truth that you work for the new employer (which you are required to do), you could be in trouble.

2) When you apply for citizenship, there might be trouble, too.

This is from my attorney. I guess that's probably why lawyers tend to opt for advicing INS early.

ganshm
 
My attorney recommended against sending AC 21 letter now. They are suggesting that I should send the letter only while replying to RFE.

FunnyWait
 
I completely agree with ganshm!!

If you get the approval without an RFE it means INS approved your case without the right information.


Then the argument starts, is it your mistake that you didn't inform INS or should they have generated an RFE before approving.

BTW, none of the INS publications on AC-21 say that you SHOULD NOTIFY INS. Since these days almost all cases get an RFE, it is a non-issue now,when the backlogs reduce to within 6 months, it could be an issue and INS may address it then.
 
with the time frame of 485 there's no way one will get approval without rfe /interview in CSC. SO even if you send your AC21 letter to INS these morons will send rfe again and then you have to deal with it again. They have done this to number of ppl on this forum so why not give them when they want .
I used ac21 but still waiting for rfe to come to inform them about ac21
 
Thanks a lot for all the replies

also we are planning to travel out of county and will use AP to reenter. Just to recap I haven't informed INS of the job change.
Will this be an issue when using AP to reenter??? Do they ask employer related questions at the port of entry.
 
travelled twice on ap last year. No questions asked. Once LA once SFO. They took the AP and stamped it. Though at LA u do't hv to go to secondary area.
 
It still happens.

One or two cases in the last month posted on this board were approved without RFE. So it did happen.

If these cases have changed job before approval, should they be happy or not happy with the no-RFE approval?

If you have changed employer and do not file for AC21, do you have to pray that you won't get no-RFE approval?

To eliminate the need for that kind of prayers, I would file for early AC21 notice with INS.

Even though right now these no-RFE approvals are very rare, who knows what happens next and if that would happen to you?

ganshm
 
AC21 filed

My attorney filed AC21 to inform INS about my job change

ND: Nov 2002
Changed jobs in June 2003 after 6 months
Filed AC21: Oct 2003

My attorney strongly recommended that AC21 be filed. Once you have crossed 6 months of 485 filing, I don't see anything to lose in filing AC21... If attorney fees is a factor, you should consider filing it yourself.
 
Re: It still happens.

Originally posted by ganshm
One or two cases in the last month posted on this board were approved without RFE. So it did happen.

If these cases have changed job before approval, should they be happy or not happy with the no-RFE approval?

If you have changed employer and do not file for AC21, do you have to pray that you won't get no-RFE approval?

To eliminate the need for that kind of prayers, I would file for early AC21 notice with INS.

Even though right now these no-RFE approvals are very rare, who knows what happens next and if that would happen to you?

ganshm
Click to expand...

If you dont inform the INS about your job change, dont you need to work with the company for which your GC is approved. I thought its good to work atleast six months for the company that sponsored your GC.

In the above cases, they didn't inform the INS about the job change, so INS expects that they will work for the sponsored company after the GC. So what happens if INS figures they didn't work a single day for the Sponsered company after they got the GC.
 
It makes sense to inform about AC 21 as soon as we change the job. However, why to inform them if that's not the law ? You never know - they might generate RFE which otherwise they won't have ? or may ask for more details first and then again generate RFE ?

If you don't inform USCIS will it imapct in any way ? I read somewhere above that they may ask questions at the airport. I have not heard from any green card holders that they were asked this question (for whom you are working ?) at the airport. So is this a hypothetical situation or it's been happening to people ?

On the other question of citizenship - if your 485 is approved without RFE and you don't inform USCIS about job change - at citizenship time you can always make a case showing that you left the old employer before 485 approval and you worked on the new employer for a reasonable period of time after 485 approval (generally 8 to 12 months - as most of the attorneys advice).

I am of the opinion that if you are not required to inform them you should not. What you guys think ?
 
Informed BCIS about job change through attorney. I hoped it might trigger some action on my file -- but nothing happened -- not even 2nd FP.

WAC02113
1st FP: 4/2002
 
Originally posted by FunnyWait
I read somewhere above that they may ask questions at the airport. I have not heard from any green card holders that they were asked this question (for whom you are working ?) at the airport. So is this a hypothetical situation or it's been happening to people ?
Click to expand...

Unfortunately, it happens. My friend was asked in spite of Green Card holding.
But the thing is that I hardly believe that AC21 filing will help you much at this point. I bet you would be standing and telling the officer long story what AC21 means and why it gives you the right to change job. If assume that you don't have all the copies of the documents related to your AOS process with you then it will be the same trouble.
 
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