Questions regarding AC21 and 485..

M

m78768

Registered Users (C)
Hi There,
Few questions about AC21 and 485 processing:

1. My employer's head office is in the area of VSC, so they applied my labor, 140 and 485 from VSC. I live in the area of NSC. If I switch to new employer, will my case be transferred to NSC or still be in VSC? Any risks involved?

2. It has been more than 10 months since I applied my 485, am I safe to switch job using AC21? What are all the formalities need to be taken care?

Thanks guys..
 
m78768 said:
Hi There,
Few questions about AC21 and 485 processing:

1. My employer's head office is in the area of VSC, so they applied my labor, 140 and 485 from VSC. I live in the area of NSC. If I switch to new employer, will my case be transferred to NSC or still be in VSC? Any risks involved?

2. It has been more than 10 months since I applied my 485, am I safe to switch job using AC21? What are all the formalities need to be taken care?

Thanks guys..
Click to expand...

1. I guess it might change to NSC if your employer is near that area. I cannot advise you on the risk involved. Its your own decision.

2. Change your job only if you have your 140 approved, otherwise you run into a risk of losing status immediately if your 140 runs into any issues.
 
m78768 said:
Hi There,
Few questions about AC21 and 485 processing:

1. My employer's head office is in the area of VSC, so they applied my labor, 140 and 485 from VSC. I live in the area of NSC. If I switch to new employer, will my case be transferred to NSC or still be in VSC? Any risks involved?

2. It has been more than 10 months since I applied my 485, am I safe to switch job using AC21? What are all the formalities need to be taken care?

Thanks guys..
Click to expand...

1. You/your laywer may request so. But there is no guarantee of it. Don't request for a change of service center yourself. If they do it - fine. Sometimes people have lost ND due to this (esp in TSC).
2. You are safe to use AC-21. Prepare AC-21 draft letter, if you want to inform USCIS proactively. See AC-21 section for the paperwork details.
 
Thanks a lot for the reply.

1. Unfortunately, my employer has his own lawyer and I don’t know how to handle him directly. Do I have to get another lawyer involved?

2. My I-140 was approved 2 weeks ago, after a long wait.. I was afraid because of the fact that my first 140 was rejected.

3. Is it good to move to the VSC service area until I get my approval? I am ready to do whatever needed to be safe in this whole GC processing. It took a long time to get my 140 approved, so I don’t want to mess anything up until my 485 gets approved.
 
1. You cann USCIS and inform that old lawyer doesn't represents you. You can, alternatively, hire a new lawyer - fill G-28 with him/her and allow representation. new lawyer will get whatever is needed from old lawyer.

2. Fear won't help. Once 140 is approved and 6 months of 485 is over - it is sealed. You will have to follow AC-21 guidelines for similarity.

3. It is no guarantee that any area wil help you. For that matter, even without changing employer, you can get in loop of interview and local offices and end up loosing years! Who knows?

You will have to decide based on your new job's escription and only a good lawyer can give you realistic picture(if you are worried).
 
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