To send or not to send AC-21 papers.

[ead_port]

Hi Ginnu/Gurus,

My 485 case has been transfered to the local USCIS office in San Francisco for interview and adjudication. My GC was filed by a company using substituted labor and I have never worked for this company. I am now joining a company whom I had consulted with before but I am not sure whether to send AC-21 letter to USCIS or not. I haven't sent them letters when I changed jobs twice on EAD prior to this one. The legal community is divided on this issue. My attorney says don't send it, don't give USCIS information until they ask for it, wait for the interview call/RFE. Sheela Murthy advises her clients to send the AC-21 letter proactively and I guess Ginnu you endorse that point of view too right ?

So, I am really confused and my case can come up for adjudication any time now. Please advise the best course of action. What are the pros and cons of each of these approaches.

BTW my I-140 was cleared a couple of years back and the I-485 has been pending equally long. I am on my 3rd EAD now.

 

[ginnu]

Hi Ginnu/Gurus,

My 485 case has been transfered to the local USCIS office in San Francisco for interview and adjudication.
--many get I-485 transfered
My GC was filed by a company using substituted labor and I have never worked for this company.
-that is not a problem GC is for future job
I am now joining a company whom I had consulted with before but I am not sure whether to send AC-21 letter to USCIS or not. I haven't sent them letters when I changed jobs twice on EAD prior to this one. The legal community is divided on this issue. My attorney says don't send it, don't give USCIS information until they ask for it, wait for the interview call/RFE. Sheela Murthy advises her clients to send the AC-21 letter proactively and I guess Ginnu you endorse that point of view too right ?
---------------- if the I-485 is with service center I will send AC21 as your case has been sent to local office for Interview you can take new employer job offer letter at the time of Interview and request for AC21
So, I am really confused and my case can come up for adjudication any time now. Please advise the best course of action. What are the pros and cons of each of these approaches.
------------------- you CAN mail the AC21 request to Local USCIS where I-485 is now pending with certified return reciept but they may or may not attach with I-485 file , if you send now no harm becase the officer will have the AC21 request letter and new employer letter in file and less time at Interview and make sure you take the same letter of employer with same words (with recent date on it) at the time of Interview
OR just take the letter at the time of Interview with other papers they will send list of documents with Interview notice
BTW my I-140 was cleared a couple of years back and the I-485 has been pending equally long. I am on my 3rd EAD now.

 

[ead_port]

what about intent to hire and intent to work ?

thanks ginnu, is there any way the USCIS can deny the petition saying that the petitioning company never had any intent to hire me or that I never had any intent to work for them.

Is it necessary to prove to the USCIS that the employee has the intent to work for the employer or is it enough if I have say an offer letter to prove the petitioning company's intent to hire me.

Is there anyway to find out if the petitioning company has revoked the underlying I-140. Is it possible to find out the reason the case was transfered to the local office for interview and adjudication.

thanks again

 

[ginnu]

thanks ginnu, is there any way the USCIS can deny the petition saying that the petitioning company never had any intent to hire me or that I never had any intent to work for them.
---------------------- petitioning company has shown the intent to hire you when the gave you job offer letter that was attached with I-485. I dont think USCIS digs much into intent
Is it necessary to prove to the USCIS that the employee has the intent to work for the employer or is it enough if I have say an offer letter to prove the petitioning company's intent to hire me.
-------------- you submited company letter that is enough, no need to worry. I have not read any case denied due to Intent in 2-3 years
Is there anyway to find out if the petitioning company has revoked the underlying I-140.
---------------------- if you have I-140 filing reciept# you can check online status or you can use FOIA. if the I-140 would have been revoked the USCIS may have not trasfred your file for interview they could have sent you I-485 denial notice
Is it possible to find out the reason the case was transfered to the local office for interview and adjudication.
----------- that is normal, many cases get trasfred with out any reason. in your case it seems you were working on H1 with diffrent employer and I-140 was filed by diffrent employer and nothing is wrong in that.
thanks again

 

[sriram1975]

thanks ginnu, is there any way the USCIS can deny the petition saying that the petitioning company never had any intent to hire me or that I never had any intent to work for them.

Is it necessary to prove to the USCIS that the employee has the intent to work for the employer or is it enough if I have say an offer letter to prove the petitioning company's intent to hire me.

Is there anyway to find out if the petitioning company has revoked the underlying I-140. Is it possible to find out the reason the case was transfered to the local office for interview and adjudication.

thanks again

One of the criteria used for local transfer is when the candidate hasnt worked for the sponsoring employer while in the US. Nothing ti fear though. You should be fine.