Risk of not Filing AC21

Hamilton

Registered Users (C)
I changed job before 140/485 current filing 180 days due to ex-employer layoff. My attorney recommend I do not to file AC21.
My question is if I go to the final step of interview someday :rolleyes: , would the officer check my employment status and ask me why I am not filing AC21? In that case, would the office give me a RFE right away or send it to me after the interview? Or how would the office do if she/he knows I did not file AC21?
My lawyer insist reponding to a RFE later is better than filing AC21 now. I am still debating.
 
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There is no Q of any debate here.....you are wrong since you did not qualify for AC21 when u actually changed jobs....you're attorney is right....
by sending ac21 stuff to USCIS and stating job change before 180 days is like hitting a stone on ur own feet :rolleyes:


Hamilton said:
I changed job before 140/485 current filing 180 days due to ex-employer layoff. My attorney recommend I do not to file AC21.
My question is if I go to the final step of interview someday :rolleyes: , would the officer check my employment status and ask me why I am not filing AC21? In that case, would the office give me a RFE right away or send it to me after the interview? Or how would the office do if she/he knows I did not file AC21?
My lawyer insist reponding to a RFE later is better than filing AC21 now. I am still debating.
 
Ok. Thanks for your input. Appreciate it. Any different opinion?
Can anybody answer my first question --- If the interview officer ask me if I am still with the original employer and my answer is no, what will happen?
 
Hamilton said:
Ok. Thanks for your input. Appreciate it. Any different opinion?


Can anybody answer my first question --- If the interview officer ask me if I am still with the original employer and my answer is no, what will happen?
----- if your I-140 was NOT revoked by past employer before your I-485 hit 180 days then the officer will ask for the letter of new employer permanent job offer with same/similar duties and you can use AC21
 
Hi, ginnu and gurus

Kool!
"....if your I-140 was NOT revoked by past employer before your I-485 hit 180 days then the officer will ask for the letter of new employer permanent job offer with same/similar duties and you can use AC21 ".

My 140 is not revoked and I have passed the "180 days". So, to elaberate your point, are you saying the interview officer will decide right away if my new job is valid for GC or the office will collect my document and have me initiate AC21 filing after the interview?
 
Hamilton said:
the interview officer will decide right away if my new job is valid for GC or the office will collect my document and have me initiate AC21 filing after the interview?

By presenting the new job offer, you are claiming benefits under AC21.

If there's an interview, present the letter and the officer should decide right away if you are good.
 
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