Topic: AC21 - New Employer Question
I agree bestia, its the way you look at it. I have always erred on the side of caution and hence my responses.
If the USCIS IO says that you were supposed to send the letter immediately (even though the rules don't say so), you can still prove him wrong, but thats just additional stress on you which could be avoided and thats all I have been stating. |
Topic: AC21 - New Employer Question
Absolutely not trying to pick a fight or an argument. My case is unique.
I changed my job after 230 days of I-485 pending and notified USCIS of the job change. Then after 7 months of changing job I get a denial notice as my ex-employer had revoked the approved I-140 as soon as I changed jobs. So much for the Yates memo. However, my lawyer sent them the copy of the letter I had sent and also a copy of the ... you guessed it ... the Yates memo and explained in detail (and in a gentle manner) how stupid they were to ignore these documents. In the end he told them it was a simple open and shut case and demanded that not only they take back the denial decision, but also approve the applications as we had current PD. And thats exactly what happened within a month of getting our denial notice.
So I think that sending the AC-21 letter before hand gave a lot more weight to my lawyer's motion to reopen letter. |
Topic: AC21 - New Employer Question
Thats what happened bestia. They denied my case on March 5th. I sent them a Motion to Reopen on March 21st. It got approved on April 3rd and on April 11th they approved. So you see I have gone through all the shit that I speak of. :) |
Topic: AC21 - New Employer Question
I sent it before hand. They still denied my application as my ex-employer had revoked an approved I-140 - so much for following Yates memo. Hence I am of the belief that you should send the documents before hand if they can put you in a better spot in times of difficulty. |
Topic: AC21 - New Employer Question
Its USCIS, do you need profound proof for what they MIGHT do? And since when have they started following their own rules? They certainly did not read the Yates memo when they initially denied my application. But then again, its my personal experience and the general experience might be exactly opposite of what I have experienced. |
Topic: AC21 - New Employer Question
Notifying USCIS is never a mistake. In my case, I did notify USCIS which helped me make USCIS take their denial decision back in 10 days and approve my GC in another 5 days. |
Topic: AC21 - New Employer Question
don't worry. They will probably send you an RFE to prove ability to pay. |
Topic: AC21 - New Employer Question
You might want to include the "ability to pay" proof in the letter to USCIS when you invoke AC 21, especially if the new employer is not a big time company. Standard rule as per my lawyer for the "ability to pay" proof is - if # of employees < 100, send the proof. |
Topic: Notice of Decision from USCIS
My company lawyer said I could work on EAD as long as my MTR was pending, but it may vary from company-to-company. Luckily for me, my MTR was approved in 10 days and my I-485 approved after 5 additional days. |
