Your advice is needed....

L

longGC

Registered Users (C)
Question - Should I be provactive and send AC21 documents in the following case,

Last week, I made inquiry through Congressman. It was a conference call, and immeditately (within 3 minutes) TSC replied that my file is on officer's desk.

After that, I am trying to follow up again with Congressman but they tell me, "If we get a reply we will let you know, we have your number." Sometimes they put me on voice mail but never return call.

Because I had filed Motion to Reopen (MTR) case after I-485 denial, I am guessing that I may get RFE. I have recently changed job. So I am thinking of sending AC21 papers before even I get RFE.

The adavantage (I think, please correct me)

1. If I send AC21 papers, that will catch attention and my file will be opened. Because there is nothing they could do but approve, I will get approval.

2. Because it has been 9 months since I filed MTR, I may get RFE. But the latest documents of AC21 (current employer letter and pay stubs) would most probably prevent RFE. This will save time to issue RFE then respond to it.

I am also trying to see if I could go back to Congressman's office and ask them to send the AC21 documents. Because they have direct access to officer, the transaction would be faster.

Any suggestions? Any adive?
 
My attorney had suggested last yr when I changed jobs/states
to just file for AR-11. As per AC-21, he said to just wait as there
is no clear rule by INS abt it.
But again, your case is very different. I remember the time
when you had posted the message abt your 485 denial. can't believe it is 9 months already since then.

Who knows these bozos may realise they have troubled you a lot
and just approve you without issuing a RFE.
But If you are expecting the RFE, then go ahead and send the letter for AC-21.
Best wishes to you.
 
Long.....GC

I persnonally believe you should be a little bit proactive in your case. You have nothing to lose since your case has lagged so much behind schedule. Every officer or high officials should not doubt this.
You formulated the scenario very well, output is there. Just excute it. We are all with you. We feel pain in every tickling of minutes with you. We pray for your soon approval.
 
HI

I AM normally against sending ac21 but in this case I would recomend you do that as that might get them thinking and make a determination on your case.
 
Could anyone guide me on using AC21. How do I go about it and what should I do? What documents do I need?

Gurus, please help as I have never done AC21 before. I am counting on you guys to know the expert opinion. Just want to make sure that nothing is left behind.
 
I would like to send the following documents for AC21,

1. A cover letter stating the use of AC21, the law, its section # etc. and my filing dates as well as eligibility. Any format is welcome.

2. Copy of AC21 memo published in Aug 2003.

3. Company letter (EVL), indicating salary, title, date of employment, nature of employment (fulltime/40 hr per wk), intent to hire as a permanent employee, and job description (same or similar to the one in LC)

4. Latest pay stubs.

5. Latest W2s.


Please correct me where I am wrong and please feel free to suggest me any additional document that I would need.

Gurus, please help me in getting the right information in AC21 packet.

Please help.


__________________
 
LongGC,

Firstly - why your 485 is being denied - what is the reason ?

That is the fundamental question to be answered - unless you know that there is nothing much you can do about it.

My lawyer says DONT SEND ANY THING UNLESS SPECIFICALLY ASKED. At that time, I DID NOT AGREE WITH HER. I wanted to send some corrected birth certificate for my wife but she categorically refused to do so and ADVISED ME NOT TO DO SO.

Later RFE was indeed issued for family. My initial reaction was birth certificate. BUT THE RFE WAS FOR MARRIAGE CERTIFICATE.

Her theory is DONT COFUSE OFFICER.

She proved to be correct in this case.

If the reason for DENIAL is for say for medical - why bother with AC21, if the denial is for lawful entry - how AC21 is going to help...

My suggestion is to wait for RFE and fulfil those requirements.

BUT prepare AC21 response too - just in case that is the RFE for.

With regard to your file getting attention - I don't think it makes any diffrence to BCIS. At one stage there were theories floating around that if you apply AP, the file gets attentions, if you apply for EAD, the file gets attention..

I don't believe your file will get any extra attention if you send those documents and if your denial is for some other reason - this might give an extra reason to INS for taking more time.....

IMHO - get the facts - get the reason for denial -- then proceed.


Originally posted by longGC
Question - Should I be provactive and send AC21 documents in the following case,

Last week, I made inquiry through Congressman. It was a conference call, and immeditately (within 3 minutes) TSC replied that my file is on officer's desk.

After that, I am trying to follow up again with Congressman but they tell me, "If we get a reply we will let you know, we have your number." Sometimes they put me on voice mail but never return call.

Because I had filed Motion to Reopen (MTR) case after I-485 denial, I am guessing that I may get RFE. I have recently changed job. So I am thinking of sending AC21 papers before even I get RFE.

The adavantage (I think, please correct me)

1. If I send AC21 papers, that will catch attention and my file will be opened. Because there is nothing they could do but approve, I will get approval.

2. Because it has been 9 months since I filed MTR, I may get RFE. But the latest documents of AC21 (current employer letter and pay stubs) would most probably prevent RFE. This will save time to issue RFE then respond to it.

I am also trying to see if I could go back to Congressman's office and ask them to send the AC21 documents. Because they have direct access to officer, the transaction would be faster.

Any suggestions? Any adive?
Click to expand...
 
I still wd not send any Employment letter unless they ask for it.

I guess the response to 140 revokation is that the sponsoring company cannot revoke 140 after six months. I thought that is the lastest rule.

Originally posted by longGC
TooLongAwait
May be you have not come across this thread which is still floating even after 9 months. It explains everything about denial..

http://boards.immigrationportal.com/showthread.php?threadid=108709
Click to expand...
 
Re: Re: Your advice is needed....

Originally posted by Toolongawait
LongGC,

Firstly - why your 485 is being denied - what is the reason ?

That is the fundamental question to be answered - unless you know that there is nothing much you can do about it.

My lawyer says DONT SEND ANY THING UNLESS SPECIFICALLY ASKED. At that time, I DID NOT AGREE WITH HER. I wanted to send some corrected birth certificate for my wife but she categorically refused to do so and ADVISED ME NOT TO DO SO.

Later RFE was indeed issued for family. My initial reaction was birth certificate. BUT THE RFE WAS FOR MARRIAGE CERTIFICATE.

Her theory is DONT COFUSE OFFICER.

She proved to be correct in this case.

If the reason for DENIAL is for say for medical - why bother with AC21, if the denial is for lawful entry - how AC21 is going to help...

My suggestion is to wait for RFE and fulfil those requirements.

BUT prepare AC21 response too - just in case that is the RFE for.

With regard to your file getting attention - I don't think it makes any diffrence to BCIS. At one stage there were theories floating around that if you apply AP, the file gets attentions, if you apply for EAD, the file gets attention..

I don't believe your file will get any extra attention if you send those documents and if your denial is for some other reason - this might give an extra reason to INS for taking more time.....

IMHO - get the facts - get the reason for denial -- then proceed.
Click to expand...


Per one of the famous attorney you need inform reason she gave was you need work for GC sponsoring employer once the GC is approved. By sending AC-21 letter your essentially changing your sponsoring company. Hence you need to inform BCIS. So that no further question are asked or you should be able to provide reason why you did not work for GC sponsoring company.
 
You must log in or register to reply here.
Top