Requiements for AC-21

J

jatyamla

Registered Users (C)
Hi Guys,

question , My I-140 approved and I-485 is pending > 180 days. I change my employer from Dec 1st onwards. I want to use AC-21 portability. My lawyer is asking $600. so I want to file by myself.
can you guys tell me the requirments and checklist or direct me to some thread already exist..

Thanks in Advance.
 
oye jat,
U do not have to file any forms for AC21.
u got 2 options:
1) Write a letter mentioning ur start date in new company and that u want to utilise ac21 and attach copies of 140,485, last 3 paycheks form old company, employement letter from new company, 3 paychecks from new company.
2) Dont do anything. Wait for RFE to reply.

Many used the option 1) thinking that this wud avoid an RFE. But I prefer option 2) and is recommended by many lawyers. RFE has become a routine now and in that they ask if u want to use AC21. U can send all the docs in that reply. More over, u may again change ur job before ur final GC approval. So again u have to send another AC21 letter. Just send the address change (if it has changed) and forget abt AC21 till u get rfe. But, ket all ur appointment letters and paycheks, till ur final approval.
 
Wasn't there a memo from INS clarifying that 180 days was a
must and also that INS should be informed when a job change occurs? In second case INS may ask you later why you did not
notify them. Right? And if they approve your case without RFE
is there not a problem while applying for citizenship? They can
ask you later why you were not working for sponsoring company?

I prefer to be upfront and on the side of the law when dealing
with INS. It does involve a little bit of a hassle and they might
transfer your case to local office. But I figure that
if I have waited for 2 years I can wait a few more.
 
No informing is not a must. The rule is should INS adjugate in 6 months and you have changed jobs within that time frame then it could be a problem.

Else you can perfectly wait till you get a RFE and then reply to it. Don't prempt any action. Dont trouble , trouble till trouble troubles you. Either way is ok, but its perfectly legal to wait till the RFE to inform BCIS.
 
Its a matter of being clear from your side. I am sure if you had DUI
then you would let them know. In any case they would find out
later and send you for an interview.So whats the big deal about
not informing when you change jobs. You have nothing to hide
or keep from them if you have done the right thing in general.

As far as I see here are the following scenarios.

1. I inform them about job change.
2. They look at it and approve me. ;-) I am sure this will never
happen

1. I inform them about job change
2. They transfer my case to SJ where it takes 2-4 months for
interview. Seems to me that the success rate at SJ is very
good if you have paper in order.

1. I inform them about job change.
2. They send me RFE.
3. They approve me.


Here are the scenarios if you chose not to inform them

1. Approved without RFE. Wishful thinking? What about problem
for citizenship? Why were u not working for the sponsored
employer?

1. RFE sent.
2. Case Approved

1. RFE sent.
2. Case transferred.
3. Approved at local INS.

So seems to me that the odds are same in both cases. If you
inform them then they can transfer your case directly and
assuming that your local INS office is fast you will get a quick
interview notice. I belong to SJ and I heard it is very fast. SFO
folks are having some trouble.

If you do not inform them and they send you RFE and these
days you WILL get an RFE. Now you respond back to RFE and
then get transferred to local INS. Boy you have wasted some
time there.

Do you agree with me that the odds are more or less the same?
 
Jokerpoker,
I dont think 2-4 months of wait at SJ is valid anymore. As of Nov 14, they were processing cases transferred on May 09, 2003 (still better than other local offices) but with INS/BCIS/USCIS, you never know what is going to change when.

I agree with Soumy, that its better not to inform them (its not illegal) and wait till the rfe. It is almost certain that an inteview will be required if you inform them of the job change which can mean a further delay of 6-8 months.

Good luck at what ever you choose!
 
The memo that USCIS put out clarifying AC 21 did include two
things

1. You HAVE to be over 180 days. Remember how people and
lawyers were playing around this 180 days rule? Lot of people
said that as long as you recieve your gc after 180 days it did not
matter when you leave the company be it one month after you
file your 485 or 6 months.

2. You must inform USCIS of the change. I believe the earlier
wording was should inform USCIS which the lawyers
interpreted as "should meaning not mandatory".

I am not a lawyer so it is best to clarify these two things with
the lawyers.

I was just commenting on the odds of informing and not
informing and if you look closely they are the same.

As with USCIS , anything can happen. After you respond to
RFE they might just take forever. I don't think one way is
going to be better than other. But I could be wrong. The
lawyers will know.
 
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