Use AC21 2x?

S

stillhavefaith

Registered Users (C)
Hi everyone,

My company was bought out a year ago but instead of proving it's a "successor-in-interest"/same company, my lawyer opted to use the AC21 portability law. Last Feb. 2003, my case got transferred from NSC to the Bloomington, MN office. I got a call today from the examiner (yay, they do exist!) asking me to fax over my EAD to make sure that my documents are valid and that I'm still in status. I belive that I am very close to being approved after she receives all information that she needs to verify.

The problem is: I'm close to being laid-off or turning into a W-2 (hourly) employee. I told my lawyer about the AC21 rule and that I'd rather be laid off so that I can prove my good faith to INS that it was not my choice to leave the company. I believe I have a very short time between now and the time of approval to invoke AC21 again? My question is:
1) Is it too risky to change employers now that I have spoken to the examiner and she's asking for RFE
2) Can I invoke AC21 more than once?

I would greatly appreciate your comments and advice on this. This board has been a sanity-saver.

StillHaveFaith
 
1. No. At the time of talking to examiner you did not have evidence of your termination. You cannot base things on speculation/fears
2. As many times you want.
 
Not a very good tone

Hi,

Thank you for your reply to my question, I greatly appreciate it. At the same time, I did not appreciate you putting me on the defensive about "just posting questions".

I have just joined this forum-- I did ask a couple of questions and also contributed to some by replying to some questions of the others. Your attitude does not set a very good tone for inviting more people to join and contribute to this forum.

StillHaveFaith
 
Totally Agree with stillhavefaith

Jaxen,

I am totally agree with stillhavefaith, we are here to co-operate and if you chnage tone, it would be very harmful to this forum.

We are just passing through the process and don't have any legal degree like you. We are learning the immigration process through this questions and answer.

Thank you sir,

JB
 
1) Is it too risky to change employers now that I have spoken to the examiner and she's asking for RFE

NO


2) Can I invoke AC21 more than once?

YES, as long as the new job is PERMANENT and same or similar to the job described in your LC. It may be a good idea to get a letter from your employer.

All the best.

* Disclaimer: I am NOT an attorney, Use the information at your own risk. *
 
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