Prob. with new employer in filing AC21 - Ginnu Help ...

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NaagaMalli

Registered Users (C)
Hi,

I joined the new employer last week, new employer attorney telling me that no need to file AC21 and there is no such rule. She was telling me that you no need to inform to INS until you got RFE. I showed them the one of the relavant FAQs. But she is asking me to show the rule from USCIS guide lines. I don't know where to get and show them, how to convince these people.

Please help me guys ..

Thanks
 
She is right and you are not wrong either.

Is there a rule to send pay stubs along with any application?? NO. Yet "Pay Stub" has become an unwritten rule of defacto proof of status and employment.

Tell them you want to send it anyway. Tell her it helps avoid any denial in error if the previous employer revokes the approved 140.
 
NaagaMalli said:
Hi,

I joined the new employer last week, new employer attorney telling me that no need to file AC21 and there is no such rule. She was telling me that you no need to inform to INS until you got RFE.
--you CAN inform USCIS to invoke AC21 ask her to read both the AC21 MEMO
ask her what is the HARM if you invoke now? once officer takes out your I-485 file then why to give him time to send RFE or NOID? sending RFEor NOID then time in the mail and then getting RFE or NOID then lawyer will take time to draft AC21 letter then it will be sent to USCIS then again they have to pull the file and attach it. why waste the time?
I showed them the one of the relavant FAQs. But she is asking me to show the rule from USCIS guide lines.
--------- ask her to read both the MEMO from USCIS H.Q they dont prevent you informing before RFE. also read:
http://www.murthy.com/chatlogs/ch071805_P.html
Chat User : How soon does AC21 need to be filed once we join a new job? I am on the payroll of the new company after the day I resigned to my previous job, but AC21 is not yet filed.

Attorney Murthy : It is safest and best to file the AC21 change of employer papers in about a month after joining the new job. The time of filing also depends on how quickly one expects the USCIS to make a decision on the I-485 case, since it is best not to wait until the case gets approved, since that causes possible additional problems down the road for such a person in case there is an investigation or if there is a citizenship filing, etc.

Notice of Intent to Rescind (NOIR) (person did not update USCIS for AC21 and I-140 was revoked by past employer)
http://www.murthy.com/news/n_risres.html

I don't know where to get and show them, how to convince these people.

Please help me guys ..

Thanks
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