TO Jim Mills, Jaxen and other experts: AC21

M

moon20012002

Registered Users (C)
Hi All,

What's your opinion on reporting AC21 to BCIS?
I should voluntarily report the change of employer before I go to the new employer, or after working for new employer, or wait untill get the RFE?

My attorney perfer to wait for RFE. However, according to Law Office of Sheela Murthy, it's better to report the use of AC21 immediately after or before changing employer.

The new regulation of AC21 will come out in this coming Sep. I think it will stipulate that the intent of using AC21 must be reported to BCIS immediately before or after changing employer.

Please give your suggestions.

Thanks a lot

Moon
 
My stand is that you should respond to a RFE if any , otherwise claim that you were awaiting further clarifications about how to report exercise of portability.

But If the new job's title, responsibilities, salary pass the similarity test ( once again subjective), I dont see why you would you want to wait for a RFE to inform BCIS about job change.

It is a personal choice, some want to be conservative, some are flippant about it. Murthy used to say that we should wait for directives from Legacy INS, but now I think that her perception has changed. Dont know what led to this change of mind.

One thing for sure is that the risk factor in each case are different. And whatever you do your lawyer should approve and aid it.
 
Jaxen

Hi, Jaxen

Thank you very much for your response. my case matchs the AC21. However, my attorney said that if she submit some documents to inform BCIS of the use AC21 unsolicited, the documents may not even reach my case folder.

But my concern is that if the new AC21 regulation promulgated in coming Sep stipulates that all the AC21 cases must be reported to BCIS immediately before or after changing job, and that time I have already changed employer for several months and did not report, then the trouble will come to me, right?

I will try to persude my attorney to report the change of job recently, I hope she can accept that.

Look forward to your input.

Thanks again

Moon
 
regulations wont have a retroactive effect. So you can cool your heels. Work with your lawyer- always.
 
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