To File AC21 or Not?

G

gcbird

Registered Users (C)
Hi all..

I am really confused situation, and am not sure whether to file AC21 or not.

I was working for a company on H1 who did my GC processing. I had done one FP just after i had sent my 485 application( back in Sep 2005). I have not recieved an FP since then. My PD became current recently. I took infopass appointment and learnt that my namecheck was not cleared. I sent letters to Senators, House representative, to the FBI and also created a service request. Now, I have got a FP notice for me and my wife for July 11. Does this mean that my name check has cleared? and I am close to the point of getting and approval(fingers crossed).

Among all this, I moved to a new company with EAD in June 2007. Should I file AC21 before the FP appointment or wait or not file it? Will filing AC21 delay my 485 approval in anyway( I read that AC21 cases are called for interview and in other cases the interview might be waived). Also, what will happen if I dont file AC21(I dont want to take any risk, just want to know the consequences).

Please help me solve this dilemma. Really appreciate ur help.
 
gcbird said:
Hi all..

I am really confused situation, and am not sure whether to file AC21 or not.

I was working for a company on H1 who did my GC processing. I had done one FP just after i had sent my 485 application( back in Sep 2005). I have not recieved an FP since then. My PD became current recently. I took infopass appointment and learnt that my namecheck was not cleared. I sent letters to Senators, House representative, to the FBI and also created a service request. Now, I have got a FP notice for me and my wife for July 11. Does this mean that my name check has cleared? and I am close to the point of getting and approval(fingers crossed).

Among all this, I moved to a new company with EAD in June 2007. Should I file AC21 before the FP appointment or wait or not file it?
------send request to invoke AC21 with new employer permanent job offer letter
Will filing AC21 delay my 485 approval in anyway
-----------------NO, filing AC21 does not delay I-485
( I read that AC21 cases are called for interview and in other cases the interview might be waived).
-----------------to transfer file for Interview to Local office USCIS has own criteria. someone gave you wrong info that if one file AC21 then one need to attend interview
Also, what will happen if I dont file AC21
---------------------if you dont file AC21 then after I-485 approval work with employer who filed your I-140 and your I-485 is approved on the base of that employer job offer letter that was attached with I-485
(I dont want to take any risk, just want to know the consequences).

Please help me solve this dilemma. Really appreciate ur help.
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Ginnu,

What happens to your case, if you move from one state to another? Lets say that you are in state A for which the cases are processed in Nebraska Service Center and you move to a job in a state B for which the cases are processed in Texas Service Center. Does this mean that on filing AC21, USCIS will transfer your case from NSC to TSC for further processing?

Please advise!

ginnu said:
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WellWisher007 said:
Ginnu,

What happens to your case, if you move from one state to another? Lets say that you are in state A for which the cases are processed in Nebraska Service Center and you move to a job in a state B for which the cases are processed in Texas Service Center. Does this mean that on filing AC21, USCIS will transfer your case from NSC to TSC for further processing?
------------------USCIS may not transfer file from NSC to TSC it will be processed by NSC. with AC21 you can move anywhere in US. once move dont forget to file form AR11 and update address on 1800 and also write letter to service center for address change on pending I-485
Please advise!
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I would suggest that, since you changed jobs recently you can wait for some more time before you file AC-21(as your PD is current it could be approved soon), usually people file a few months after they change the job.
you can wait till july or August before you file AC-21. Even if you are scheduled for interview, all you have to prove to them is that you have a job, that's it. I am gueesing you can take upto 6 months to file AC-21. But if you have moved to a new location, then it is preferrable to let them know, so that all communications come to the new address.

Having said that, applying AC-21 will not delay your processing. And also, not all AC-21 applications are scheduled for interview, so do not worry.

BTW, I myself changed jobs twice and started working on EAD immediately after I met all the criteria for AC-21. I send my first AC-21 letter 6 months after I changed my job. I was in the process of applying for AC-21 the second time, but meanwhile my GC got approved without any RFEs or interview. Hope this helps.
 
I agree, there is no need to file AC 21 right away. All it needs anyway is just a letter saying who you work for and your job description.
I recently got my 485 approved, I had also filed AC 21 about 2 month after I changed my job. I also changed a second time in end of May but did not file a second ac21. I did not get any RFE or interview.
I got approved in June. Hope this helps.
 
Not to discourage anyone from filing AC-21, but I after consulting 2/3 lawyers decided not to file AC21 since they told me that it was not required and there is no rule per se, that says we MUST file AC-21.

I switched companies after 8 months of applying for 485. Since GC is based on FUTURE employment it does not warranty that we stick with the old employer and that is where USCIS requires the same job requirements (since old company filed for your GC with these job requirements).

I also got my 485 approved and received my G Card. I guess If I had a RFE then there might have been additional questioning by USCIS (for this question the lawyers told me that all you need to take to the RFE's is the employment letter for the new company with matching job requirements)

Just wanted to pass this info. ;)
Adios.
 
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