To file AC21 or not???? Please share your thoughts/experience
I hope my PD to become current within next six months and I am in a dilemma about filing AC21 letter+documents. My sponsor company (A) is a Fortune 500 company and the new company (B) is much bigger/reputable than sponsor company. I was laid-off by sponsor company for which I had worked for 180+ days after I-140 approval. My case details below;
Category: EB2 (India)
I-140 RD: mid-Oct 2006
I-140 Approval Date: March 7, 2007
PD: mid-Sept, 2006
I-485 RD: July 2007 (originally filed at CSC and later transferred to TSC)
Date of leaving company A: mid-May 2009.
Date of starting with company B: end-Oct. 2009
I used EAD while joining company B (I-9). My third EAD (H1 expired) was just renewed and valid till Oct. 2012.
After reading several USCIS and other documents and postings on the forums:
1. Invoking AC-21 is not mandatory. USCIS may send RFE for this when your case comes up and this will delay GC by approximately two/three weeks.
2. One forum-friend described AC21 as sleeping giant. They may send more queries and your case may get delayed even for more than a year.
My job profile is exactly the same; however the title is different. This is one concern I have for sending AC-21 letter. Also it is already eight months, I joined new company (and did not invoke AC21 earlier). Will the delay matter?
I will highly appreciate you sharing your experience and valuable comments.
I hope my PD to become current within next six months and I am in a dilemma about filing AC21 letter+documents. My sponsor company (A) is a Fortune 500 company and the new company (B) is much bigger/reputable than sponsor company. I was laid-off by sponsor company for which I had worked for 180+ days after I-140 approval. My case details below;
Category: EB2 (India)
I-140 RD: mid-Oct 2006
I-140 Approval Date: March 7, 2007
PD: mid-Sept, 2006
I-485 RD: July 2007 (originally filed at CSC and later transferred to TSC)
Date of leaving company A: mid-May 2009.
Date of starting with company B: end-Oct. 2009
I used EAD while joining company B (I-9). My third EAD (H1 expired) was just renewed and valid till Oct. 2012.
After reading several USCIS and other documents and postings on the forums:
1. Invoking AC-21 is not mandatory. USCIS may send RFE for this when your case comes up and this will delay GC by approximately two/three weeks.
2. One forum-friend described AC21 as sleeping giant. They may send more queries and your case may get delayed even for more than a year.
My job profile is exactly the same; however the title is different. This is one concern I have for sending AC-21 letter. Also it is already eight months, I joined new company (and did not invoke AC21 earlier). Will the delay matter?
I will highly appreciate you sharing your experience and valuable comments.
Last edited by a moderator: