Used AC-21 thrice; worst case scenarios?

[confusedalien]

Hi,
My status:
Labor filed Jan 2003; 140/485 filed concurrently Oct 2003 at Nebraska(NSC).
I've used AC-21 (after 140 approval and 2 yrs after 485 filing) to switch employers 3 times (after the dates retrogressed by 3-4 years). Currently on my 4th EAD. Did 2 or 3 fingerprints.
I did NOT inform BCIS on any AC-21 moves.
I had birth-certificate RFE long ago. A week after I replied to it, they retrogressed the dates!!!

With the sudden move in the visa bulletin dates this month, my 485 application processing has resumed. My impression is that in the next 2-3 weeks I'll hear something.
Just wanted to be prepared for the worst-case scenarios:

1) If file is transferred to local office and I am called for an interview, should I have to take a lawyer with me?
2) If yes, any good ones you can suggest in the chicago area?
3) Of the 3 AC-21 moves, one was only for 3 months. Can I hide that info someway? ie. Do they cross-verify every month of my job history during the interview?
4) If application is denied (by NSC, or after interview by local office), what options do I have? Appeal? Is that of any use?
5) If denied, how soon do I have to vacate the country?
6) Anyone switch jobs 3 times and still got approval?!!!!

thanks a bunch
confusedalien

 

[confusedalien]

Couple more questions!
7) How do I know whether my 'namecheck' is done? (i keep seeing this term on this portal). Do I call up some number (which one?), or do I even need to care? (meaning, if something is not ok, won't I get a letter?

8) If I get an interview appointment from local office, does it make sense (in my case) to postpone/delay it as much as possible? What valid excuses can I give to postpone this? How long (max duration) can I postpone it?

I am ready to wrap up and leave this country if needed, but looking for ways to atleast delay it by a few months. (I was very happy till last month since the dates were not moving much!!)

thanks again.

 

[ginnu]

Hi,
My status:
Labor filed Jan 2003; 140/485 filed concurrently Oct 2003 at Nebraska(NSC).
I've used AC-21 (after 140 approval and 2 yrs after 485 filing) to switch employers 3 times (after the dates retrogressed by 3-4 years). Currently on my 4th EAD. Did 2 or 3 fingerprints.
I did NOT inform BCIS on any AC-21 moves.
--------If you have not sent any job offer letter then invoke AC21 now by sending AC21 request
I had birth-certificate RFE long ago. A week after I replied to it, they retrogressed the dates!!!

With the sudden move in the visa bulletin dates this month, my 485 application processing has resumed. My impression is that in the next 2-3 weeks I'll hear something.
Just wanted to be prepared for the worst-case scenarios:

1) If file is transferred to local office and I am called for an interview, should I have to take a lawyer with me?
---that is up to you and also take the present employer Permanent job offer letter with same/similar job duties
2) If yes, any good ones you can suggest in the chicago area?
-------------others will reply
3) Of the 3 AC-21 moves, one was only for 3 months. Can I hide that info someway? ie. Do they cross-verify every month of my job history during the interview?
----------------------they case about your present job offer letter. if you are with C then send C job offer letter
4) If application is denied (by NSC, or after interview by local office), what options do I have? Appeal? Is that of any use?
---------depends on reasons
5) If denied, how soon do I have to vacate the country?
----------------depends on reasons
6) Anyone switch jobs 3 times and still got approval?!!!!
------------------Yes, if you invoke AC21 (And don’t committed any crime that makes you not eligible for AOS)
thanks a bunch
confusedalien

-----------------------

 

[ginnu]

Couple more questions!
7) How do I know whether my 'namecheck' is done? (i keep seeing this term on this portal). Do I call up some number (which one?), or do I even need to care? (meaning, if something is not ok, won't I get a letter?

8) If I get an interview appointment from local office, does it make sense (in my case) to postpone/delay it as much as possible? What valid excuses can I give to postpone this? How long (max duration) can I postpone it?
-------why you need to postpone/delay the interview??
I am ready to wrap up and leave this country if needed, but looking for ways to atleast delay it by a few months. (I was very happy till last month since the dates were not moving much!!)

thanks again.

---------------------

 

[confusedalien]

thanks ginnu, as always.

i am a bit wary about sending AC21 request at this late stage, so not sure about that.

my AC21 switches were to consulting companies, and based on your replies on some other threads, it may not qualify as a 'permanent' job offer.
so i think there is a big chance of rejection, in case i get called for interview.

but i want to atleast stretch my stay here till the end of this year. (i am definitely planning to leave this country next year anyways). that's the reason for my questions 4,5 and 8. Anybody aware of 'typical' timeframes within which we have to vacate the country, if GC denied? Also, can anyone give me 'valid' excuses for postponement, as well as how many months it could realistically delay the process?

thanks again

 

[ginnu]

thanks ginnu, as always.

i am a bit wary about sending AC21 request at this late stage, so not sure about that.
----------------send the AC21 now, it is not going to harm
my AC21 switches were to consulting companies, and based on your replies on some other threads, it may not qualify as a 'permanent' job offer.
so i think there is a big chance of rejection, in case i get called for interview.
------------------if your present employer is ready to give you permanent job offer letter then you are OK. FYI permanent job OFFER is after the I-485 approval
but i want to atleast stretch my stay here till the end of this year. (i am definitely planning to leave this country next year anyways).
-------------------- that is your decision, but with denied AOS you will have problems getting even visitor visa to US in future. if you AOS is approved then you can apply for Reentry Permit that is valid for 2 years and you can also Surrender Green Card by visiting US consulate in your home country (that will make easy for you to get any visa for US in future)
that's the reason for my questions 4,5 and 8. Anybody aware of 'typical' timeframes within which we have to vacate the country, if GC denied?
----------------that depends on reason of I-485 Denial and one can file MTR or go for appeal it takes time for appeal
Also, can anyone give me 'valid' excuses for postponement, as well as how many months it could realistically delay the process?
--------------- IF your file is sent to local office for Interview it will take 15-20 days to reach Local USCIS office then expect 2-4 months for Interview date and one can also reschedule the Interview date by writing to USCIS local office. One can also withdraw the I-485 (but it will show your immigrant Intent in future application for visitor visa to US)
thanks again

-------- what I will try to do is invoke AC21 and will not worry about I-485 Denial. to go back to your home country is your decision and i am nobody to comment.

 

[confusedalien]

thanks again ginnu. i got some very useful information and a different perspective than mine.

i started at my current (3rd) Ac21 employer 7 mths ago. if i send ac21 now, how should i explain the delay (in not sending it till now)?
also, should i mention the other 2 AC21 invocations as well, or just mention my current employer?

thanks

 

[ginnu]

thanks again ginnu. i got some very useful information and a different perspective than mine.

i started at my current (3rd) Ac21 employer 7 mths ago. if i send ac21 now, how should i explain the delay (in not sending it till now)?
----------------nothing to explain about delay, just get letter from new employer with same similar job duties and permanent job offer, date of joining
+ cover letter with your name, Pending I-485 reciept# A#, DOB, address and request to invoke AC21, sign the cover letter with date+ copy of I-485 filing reciept. mail it to service center where I-485 is pending and out side the envelope write in big bold letters: Request to invoke AC21 with PENDING I-485. send it with certified return reciept
also, should i mention the other 2 AC21 invocations as well,
----------------Not needed
or just mention my current employer?
--------------letter of current employer
thanks

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