Regarding AC21 attorney fees and required docs for .....

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sk72

Registered Users (C)
I saw few postings here regarding the above mentioned subject.

I'm an AC21 case myself. After working for 5 years for my sponsoring employer I quit it this Jan and joined another company. I retained my sponsoring company's attorney firm to continue representing my case. Recently I got an RFE asking for employment verification letter from my "current" employer, paystubs and Tax filings. My attorney passed on the RFE suggesting I could reply it myself. Guess what I did. I slammed the three documents to the RFE letter and sent it back. No letter attached explaining them AC21 and asking for their merciful consideration of my case ! Will post again to let you guys again what the result is in few weeks.

My take is that you dont need to educate an adjudicator as to what the laws are. The employment letter states my current duties, the paystubs - my salary and the tax filings that I have been making more than my LC salary. The rest is left as an excercise to the adjudicator :)
My 485 application had more glaring holes on which I was expecting RFE and if these guys dont look that hard then I'm not sure some one will sit with a cup of coffee to read your lengthy job history letter.

You dont need to hire a laywer just for this. If you still get a NOID or RFE then may be you should consider one. Just my two cents. Read the attached doc, I guess the only USCIS memo on AC21.
So don't sweat in advance and take it easy.
Cheers !
 
thanks sk72 for sharing.

the reality is - not all attorneys are as good as yours.
(what if they don't pass the RFE to you?)

I was trying to have my attorney renew my EAD for securing the process,
they asked me $1000 for total fee!
I gave up and applied it myself. I got the new EAD myself.

I wonder what my RFE story will be :)
 
I am surprised to hear somebody would want $1000 for filing an EAD. Even more surprised that somebody would consider using an attorney for filing EAD. My lawyer files EAD for me free- part of my GC package deal. But I prefer to file it on my own.
 
The day you changed your employer what letter / form did you send to USCIS to continue 485 process, or waitied for a REF.
 
I didnt send any letter to UCSIS. Attorney suggested that you dont want to unruffle feathers and deny yourself a chance to get approved without RFE. The worse case is that you'll get an RFE in either case and then you could respond.
 
To inform USCIS of job change or not?

I came across the thread below on murthy.com in which a persosn using AC21 was denied 485.

It may be better to inform USCIS of a job change after getting some paychecks from the new employer.

In this case NOID was not issued when the old employer revoked the underlying 140 eventhough the 140 was approved and 485 was pending for over a year.

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=94910123
 
Looks like an exceptional case and undeniably without a reason !
Read the portion of the AC21 memo below which clearly states that it is "expected" that you inform but it is not MANDATORY. They have their own course of action if you dont inform them .
Read this portion of the memo PDF that I have attached with my original posting.

"Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
the provisions of §106(c) of AC21.

It is expected that the alien will have submitted evidence to
the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the
petition was filed.

Accordingly, if the underlying approved Form I-140 is withdrawn, and the ALIEN HAS NOT SUBMITTED the evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular
processing of the Form I-485."

This said the guy at the Murthy website has been wronged and must apply for MTR.

In my own case my I140 is not withdrawn by my former employer and just in case they did the memo clearly states the validity of I140.
 
I read the case. The concerned person has not been able to describe his situation at all. The issue is when did he quit his employer and when did his employer request BCIS for withdrawing 140.
It may have happened that the employer withdrew the 140 before 180 days of pending 485. In that case BCIS will automatically cancel the approved 140 and so 485 will get denied. His denial notice stated 140 was revoked.

This has nothing to do with employee informing BCIS of job change. Actually that person did inform BCIS.

Do not panic here.
 
Guys,

I think I have mentioned in the post that my 485 was filed after approval of I-140 and I changed my employer after a year and the revocation was done after 18 months of pending 485.

Thnx,
 
Have you been able to find out more about the case or consulted a lawyer ? I know a few cases before AC21 era where the I140 was revoked after it was approved. If your case is an AC21 denial then there no legal ground to that you must fight it nail and tooth. Let us know the course of action and best of luck.
 
The famous August memo:
"....an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of §106(c) of AC21....
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of §106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is
in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140
to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. ...."

Form above it would be clear:
If 485 is pending > 180 days 140 can not be revoked. Whether you have submitted AC21 papers or not.
If you have not yet submitted AC21 papers and the employer attempts to revoke (after 180 days)- you will get RFE- that you can respond then with AC21(job etc) within 90 days(typical RFE timeframe).

What matters is when did the employer request revocation. Is it possible that the employer may have requested revocation while you were still employed with them? You must contact a lawyer to ascrertain the facts and challange the 140 revocation- if employer did not request within 180 days.

HTH
 
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