Timeline for filing AC 21

vidyakalyan

Registered Users (C)
Hi,

My I-140 is approved on October 2000.
I filed I-485 on Jan 5, 2004 (I was waiting to get married and that's the delay in filing I-485)
I changed employer on August 19, 2004

I am in Orlando (moved recently) and I do not know any immigration lawyers in my area so AC 21 filing is getting delayed.

I have the following questions.

1. Is there any timeline (deadline) for filing AC21.
2. AC 21 filing is madatory? (I heard that lots of my friends did not file AC 21 when they changed job)
3. What happens if there is an RFE for not filing AC 21? Is it too risky?

I appreciate if anyone can respond immediately. I am very scared of my situation.

Today I checked INS site and the current I-485 processing date is June 01, 2003 so I need to take some action immediately.

Thanks,
Kalyan
 
vidyakalyan said:
Hi,

I have the following questions.

1. Is there any timeline (deadline) for filing AC21.
>> No, USCIS has set no timeline for filing AC-21
2. AC 21 filing is madatory? (I heard that lots of my friends did not file AC 21 when they changed job)
>> Filing is not mandatory. But like in ur case its safe to use AC-21
as ur 140 is approved and its more than 180 days from RD of ur 485
so if I was u and I had same/similar job as in LC I would file AC-21
immediately after changing jobs to be on safe side. when there
is such a law why not make use of it?
3. What happens if there is an RFE for not filing A
C 21? Is it too risky?
>> there are no RFE's b'se u didn't file AC-21!

RFE can be for EVL from 140 petitioner and if u get this u can reply
back with ur AC-21 but like I said above I would do it in advance before
any RFE.
 
Thanks Ginnu

Hi Ginnu,

Thanks a lot for the information.

I have one more question regarding AC 21. My salary has increased about 22K in my new job compared to what is specified in LC (but the title is same). Will it be a problem if mention higher salary (> 22K)?

I appreciate your kindness and helping tendency.

Thanks in Advance,
Kalyan
 
vidyakalyan said:
Hi Ginnu,

Thanks a lot for the information.

I have one more question regarding AC 21. My salary has increased about 22K in my new job compared to what is specified in LC (but the title is same). Will it be a problem if mention higher salary (> 22K)?

I appreciate your kindness and helping tendency.

Thanks in Advance,
Kalyan
AC-21 requires only same/similar job information. Do not list ur salary in that letter.List job duties, title etc..
 
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