WHY AC21 is not for EB1-OR

S

superlucky_1

Registered Users (C)
My husband got RFE recently. He applied I-140 and I-485 in EB1-OR category. I read some thread here and got to know EB1-OR can not use AC 21. I don't understand why. Does it mean our I-485 will get denied since my husband got laid off 180 days after the I-485 had been pending and he changed his job.
I am very worried. Can anybody help me to explain this? Thank you very much in advance.
 
All EB1 applicants do not depend on the Job. This EB1 is for Outstanding Researcher (OR) So there is no need for employment based I140. So you should be fine.
 
superlucky_1 CHILL! Take a deep breath and calm down!

Outstanding researchers as long as they work in the same field can change jobs. They do fall under AC21 with even less restrictions than regular EB folks.
 
hot mail,

not true. The only EB1 that is mostly independent from a job is subcategory Extraordinary Ability. It is so because this subcategory does not require a permanent job offer from a prospective employer. Therefore, applicants in this subcategory are generally not constrained with a requirement of keeping one employer throughout the whole mess... err... I mean immigration process.

Other two subcategories, Outstanding Researchers and Managers/Executives do require a permanent job offer from a prospective employer. Thus, they would not be able to change employers while AOS is pending if it wasn't for AC21. But AC21 is silent in their regard. May be it is not applicable at all, may be it can be used,.. I have no idea. That is only my suspicion that EB1/OR may not enjoy benefits of AC21 portability.

superlucky_1,

what I am suggesting to do is to confer with a lawyer who deals with EB1/OR for a living. EB1/EA and EB1/ME lawyers will not help. Perhaps, there is a loophole, which will warrant changing jobs without even mentioning AC21.
 
EB1-OR

superlucky_1,

I did not see this issue before. if you get any more information, please post here.
 
Thank you everyone.
It is like a nightmare to us. When my husband got laid off. I asked the lawyer. He said since our case had been pending for more than 180 days and we were in good shape. Now I don't know what will happen to us. I read the AC 21 before it doesn't say it only applies to EB2 or Eb3. So we always assume that we can use AC 21 for our case.
But anyway no choice for us now. What we have to do is to send the response and to wait for the "trial". I will update the furthermore info later.
Thanks again.
 
BitterMan is right.
EB1/OR application includes letter of employer with intention of premanent employment, slaray etc. The applicants can change their job after 180 days of pending AOS. Many postdocs are in this category.
 
No where in AC21 does it say that EB1 is excluded! So just like U-turns in CA, unless the specifically say it doesn't apply to a particular left turn lane, it is a go!

Offcourse the best course is to discuss it with a lawyer who specializes in this, but being such a rarified scope, I doubt if you will find any lawyer who does nothing but this.

Technically, I believe you are okay and fall under AC21! As long as OR credentials are not tarnished, INS bends backwards for genuine cases, as these are the people that the US needs the most. I wouldn't worry too much if I were you!
 
EB1A

I got REF from CSC

"Provide an EL to show you have a permanent job although
I understand the EL is not necessary for EB1A"

Therefore, depending on the officer.
 
Re: EB1A

Originally posted by cao
I got REF from CSC

"Provide an EL to show you have a permanent job although
I understand the EL is not necessary for EB1A"

Therefore, depending on the officer.
Click to expand...

It is nothing new to receive a completely insane RFE or even an Intent to Deny notice. It is sad, though, that if an insane officer attempts to deny a case based on his/her own biased views on the procedure and requirements, appealing the case, although successful, may take a long time.
 
EB1

my case is EB1B-OR. for my RFE, in addition to the EVL and W2, CSC asked to provide the documentation to demonstrate my qualification during the pending period.
 
guowx:

Could you say more details about your RFE on "the documentation to demonstrate my qualification during the pending period" and how you answered to that? Thank you
very much!

Mine is an OR case,too. I am really worried when I saw your
post. I won't have any papers published in the pending period...
what should I do if I got this kind of RFE? It really upsets me
that INS always can find ways to frustrate us.
 
yes2003

I can not remember the original sentences in the notice. the requirements are the same as I-140, such as publication, contribution, patents etal. I just submitted my buplications and meeting abstracts.

In fact, I think that if you do not have publication, you may ask your boss to write a letter to state your contribution in the progressing project. I did not ask my boss for this favor because he was out of town when i got the RFE notice. I mailed it back to CSC immediately.

also, you may not need to warry about it. what documents will be asked in the RFE notice is depedent on the assigned officer.
 
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