When is AC21 processed?

[DSLstart]

Gurus,
If PD is not current for e.g. if its still about 2 years for PD to become current and job is changed satisfying the requirements for AC21 and USCIS is informed about it, then at what stage will the USCIS actually look at it. Would it check for the EVL, similar job/functions etc immediately upon receipt of AC21 documents and decide the fate of 485 or will they process it only when the PD becomes current ?

thanks in advance.

 

[ginnu]

Gurus,
If PD is not current for e.g. if its still about 2 years for PD to become current and job is changed satisfying the requirements for AC21 and USCIS is informed about it, then at what stage will the USCIS actually look at it. Would it check for the EVL, similar job/functions etc immediately upon receipt of AC21 documents and decide the fate of 485 or will they process it only when the PD becomes current ?
------------ when they pull the I-485 file for approval and may have not attached your AC21 letter with file, if the officer dont find the letter they will send RFE for the job offer letter or any missing documents.
thanks in advance.

 

[Cheekoo]

Gurus,
If PD is not current for e.g. if its still about 2 years for PD to become current and job is changed satisfying the requirements for AC21 and USCIS is informed about it, then at what stage will the USCIS actually look at it. Would it check for the EVL, similar job/functions etc immediately upon receipt of AC21 documents and decide the fate of 485 or will they process it only when the PD becomes current ?

thanks in advance.

The AC21 letter is NEVER attached to your file. It is not part of the required documents for the pupose of adjudication. Therefore, there will not be any LUD or file update.

At the time of adjudication, PD Current, the USCIS officer will examine your file and most likely will request for "current EVL, pay stubs or may be Tax Papers". Your response to RFE will also contain AC21 law and will be the evidence that covers you under AC21.

In the event your dont get RFE, you will get approved or get NOID. In case of a NOID .. again your response will settle the matter.

It is at the time of aprroval, that the USCIS officer needs to have proof of employment or a "bonafide" offer of employment in the same/similar catagory. What ever you did before that may not be accounted for.