Should i Apply for AC-21 or Not (need suggestions from Gurus)

S

shekarpc

Registered Users (C)
Hi
I applied 140, 485 Concurent from Nebraska in SEP 2003. My 140 approved on May 2004. I took a Full time Job in a Company in California in July 2004. After that i didn't apply for AC-21...

1. Should i apply for Ac-21 or not. After Joining Full time employee it is almost 8 months.


2. If i get any RFE before 485 Approval, if i apply for AC-21 at that time, does INS ask why you didn't apply for AC-21 once you have changed the JOB, what i have answer?


3. My Job Duties are same in Labor and this New Job.. But the Title is Different. Does it impact any thing if file AC-21



Thanks
Shekar PC
 
Hi UnitedNation.
What is difference between NOID and Denial letter by itself?
Can we appeal in either case?
Please share. Thanks, Lee
 
unitednations said:
I just received an RFE and I haven't posted exact details as it might scare everyone.
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.or it might give everyone a chance to be prepared for it ! I will really appriciate if you post th 'scary' details so that ppl know what sort of RFE's to be prepared for.
 
So In my opinion I will wait for RFE and not notify the USCIS for the AC-21 job change. What do you think guys?








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Using this is your own risk :)
 
Does informing USCIS about AC21 invokation proactively hurt in any way??? If not, why not send it? That way you will also know if your employer is giving you the EVL letter in the way thats satisfactory to you.
 
unitednations said:
I just received an RFE and I haven't posted exact details as it might scare everyone.
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UN,

Sorry to hear about your RFE. Don't worry, You have helped so many people in this forum, nothing will go wrong. God is there, he will make you a winner in this battle.

Good luck.
 
unitednations said:
The main trap is since last lawful admission. If one used h-1 to enter the country but had started with the new employer before that entry and there was no h-1 transfer then that entry could be seen as not "lawful" since the h-1 would not be considered valid any more.
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So you think in general, that at the I-485 stage they are just looking for illegal entries (unlawful presence) or illegal work? I don't recall, are you still on H1 or EAD/AP?
 
The reason not notifying USCIS is simply the fact that, if you are fired by the new employer after sending your AC-21 you have to end up in 3rd employer. It may go for a while until you see your approval. So how many times you will notify your current prospective employer? There is a potential chance for screw up at a later stage as USCIS may think that you don't have a prospective employer. This is my thought.



________
Using this is your own risk :)
 
Hi UnitedNation!
Thanks for your reply. If I understood right, based on my 485 Denial, I still can ask them to reopen but no guarantee as they made up their mind on it.

Please correct me.
Thanks.
Lee
 
good luck...

UN, sorry to hear abt ur RFE.. hope it gets resolved soon..
Do you know what might have triggered them to ask such details?
best regards...
----------------------------------------------------------------
485 rd: dec'02
fp1: feb'03
rfe: apr'04 (EVL, company annual reports, fed tax returns)
fp2: 3/2/05
 
Hi Unitednations,

Looking at your RFE, I see it as a very standard RFE for EVL and nothing to get scared about. I know the wordings of it all makes it sound as if they are asking for the sky, but I think all they want is your employment history since you last entered US! This, could be your W2, Pay stubs or 1040 form.

Also, I don't understand why you feel 'since last lawful entry' is a trap. Its infact a boon, since they are not asking you ALL your employment history, but only since you last entered US.

You may be feeling overwhelmed, but knowing the kind of person you are I am sure you will figure out this is nothing to fret about. As you know well the officers in USCIS have to send these RFE's to save their arses, so buddy take a deep breathe and get ready to reply.

Here is what I would send (for part 4):
Updated Form G-325a
W2
Pay stubs and appointment/experience letters of any previous employer (since last entry in US).
A Current Employment letter listing you job title, description and salary.

Thats it. All the best.
 
OK, now I am totally confused. I thought apart from NSEERS, and birth certificat all that was needed was your employment history. Now where does 245 K and the denied case that you quoted come into picture for your RFE?

Now that you managed to confuse me, I wonder if it were a USCIS officer would he have not paniced if he suspected something ? One thing I will suggest, keep it as simple as possible.
 
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I'm not sure on this one, but reentry isn't going to help you here. I beleive it has to be last entry 'Prior' to RFE date. I could be wrong and you could be right, so do confirm.

Again, why are you worrying about method of last entry ? Why don't you simply cocentrate on sending the EVL instead. I don't think the intend of the RFE is to find what status you last entered, so don't try to make it into one.

I know you a a very knowledgable member of this forum, but you are trying to raise unnessecarry issues in a simple case here. Reading all the cases of denials and seeing the reasons does make us all nervous about our case, but I think in this case, you are complicating a simple issue here.
 
unitednations said:
I can't remember what forum I saw this posting but it was late last night. I'm surprised no one has answered the person as I would have seen it as a new post today. Essentially, this guy was on j-1, switched to h-1 applied for 140/485. A couple of months later he left USA to get h-1 visa stamping. Consulate denied it. His AP wasn't approved yet. Once it was approved, his family sent it to him outside the country and he re-entered on it. His 485 got denied and it basically said that he abandoned his 485 because his ap wasn't approved when he left usa.
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Did this guy leave the US with an expired H1B or was his old H1B still valid? I could understand the denial if he left on pending AOS without H1B without AP.
 
maybesomeday said:
Did this guy leave the US with an expired H1B or was his old H1B still valid? I could understand the denial if he left on pending AOS without H1B without AP.
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Based on all the new Jazz from USCIS, it may be best to just file the damn 245i. But for doing this, one has to have labor or an immigrant petition filed prior to 98.

I will plan to file 485a as that may trigger them to take a look my AOS file.

UN: Any pros and cons you see if one files 485a?
 
Hi UN,
Its really surprising that all your applications got an RFE. Dont know why USCIS is picking up on your case. But I am pretty confident that you will overcome this one. My best wishes are always with you.

avi_gc
 
unitednations said:
he had h-1b according to his posting, however, they refused hi h-1b visa stamp at home consulate. Since he couldn't enter on h-1 and the AP he used wasn't approved before he left he got denied due to abandonment.

The really interesting thing is how USCIS found out about this. Him entering on AP obviously happened after he applied 485. I don't know if it was in an RFE or what, or if it happened in an IBIS check and they saw he was refused a visa stamp at the consulate and the adjudicating officer dotted all the i's and figured it out.
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That guys in quite a pickle now. It's hard to believe that his attorney didn't tell him then to wait until his AP was approved before leaving (since his original H1B was valid until September 2005 why not wait?). I suppose it is believable since I'm going through the same issues myself. I'm going back to H1B from AP/EAD as a backup prior to my 485 interview (in case the 485 case gets denied). Not once has the attorney, who filed the H1B, asked whether we have a valid AP. On top of that, both my 485 attorney and the H1B attorney didn't even realize I'm a Canadian citizen! I've been asking questions about consular revalidation of my H1B and they were giving me inconsistent responses because they had no idea what my nationality was.
 
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