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sh5032001's Immigration Cases

I would renew EAD by sure (not to make any risks).
About AP, if you do not have travel plan, you can skip renewing it.

Since my case is under extended review for a long time, I have spent so much time on this subject; letâ��s call it â��researchâ��.

Regarding the time range for extended review, again, unfortunately, there is not any exact answer to your question since it depends to so many factors.

I have heard from a reliable attorney about my own case that the average total pending time is 3 years (but remember it varies case to case). So frustrating!

I hope the time for all of you would be much shorter.
Hope to see you all GREEN soon!

Regarding "long pending cases":

If it is due to "extended background check review"' unfortunately nobody can help.

These extended background checks are mainly related to FBI and other agencies and CIS has been banded to approve cases unless all checks are cleared.

It used to be a policy of two years to hold cases which is not valid any more. So, we should be patient!

You are welcome.
Please complete your profile.

Good Luck and
See you GREEN soon!

You do not need another I-140. Just use your EAD for the new job.
Sending AC21 documents to AC21 is not mandatory and most people wait for RFE, if CIS issues.

The purpose of AC-21 is to be flexible in changing job. CIS has mentioned the term "similar job" very liberty.

I believe your case is absolutely qualify for portability (since I have done this for myself and discussed with my attorney multiple times).

If you search in the forum, based on so many discussions, you do NOT have to inform CIS for changing job and it is better not to do that. In my case, I have invoked AC21 but not informed CIS ( my attorney told me, in one of his meeting with CIS, CIS has asked them specificly, to stop sending these documents and wait if CIS asks for RFE). However, some people have sent AC21 docs and have received confirmation (and/or LUDs) from CIS. Some people also have not received anything. It is a complete personal decision, no rule or policy about it.

Go head for the new job,
Good Luck &
See you Green soon!

Regarding change of employer (AC21), As long as you have all 3 following conditions:

1) you have approved I-140 AND
2) your I-485 is pending more than 6 months AND
3) the new job is in a "similar field" (not have to be the same in title and tasks). You can take advantage of Portability Rule (known as AC21) to be flexible for changing job.

Sending AC21 supporting documents is not mandatory and based on so many discussions in this forum, it is recommended NOT to send AC21 to CIS. And wait for RFE, if CIS issue.

Common RFE is EVL. The new company should provide a solid letter includes job description, salary, location, type of employment, dates, etc. Although after invoking AC21, the new company is not responsible for the "salary amount", usually people are being asked for pay stubs (salary rate is important for the original sponsor).

Good Luck.

Congradulations and thanks for the detailed post.
Please post these details on "AOS Interview" Tacker so that people can easily find your useful post.

Good Luck.

Congradulations!

Please add this detailed experience on "AOS Interview Tracker" so that people can easily search and find it.

First, please complete your profile for I-485 and also your detailed Interview Experience (as most people in this forum do).

Second, about your question, yes, it could be happened. My background check was completed however again became pending at my local office and I am still waiting.
It seems the new background checks are mostly related to "sponsor company" for the current frauds that recently have impacted many employment based case processing times.

To my own experience, ombudsman's office would not be helpful while a case is pending for mandatory background checks.

Good Luck.

to sam70,

First, some people have sent AC21 documents and have received S-LUD on their online profile and even some have received acknowledgement from CIS in mail. On the other hand, so many people have not got anything after sending AC21 docs.

As I mentioned in above post, sending AC21 is not mandatory and it is recommended from so many attorneys not to send and wait for RFE (if any)

If you want to send and you have all 3 conditions, why are you afraid of rejection? Do you have all 3 conditions?

That is a good question.

In 2008, I went out and when I returned, the officer asked me about my employer (which was a new one and I had not filed AC21). I did not have any problems.

These days, the situation at some airports are different as you have seen some posts in this website. Legally, it should NOT be any problems with a new employer (if you are on EAD) and even you can be unemployed. But, I personally do not know the right answer to your question in the current situation.

Let's see what others respond to your post.

Good Luck.

and also to mkrs05:

What pch053 has mentioned is absolutely right.

CIS has denied some I-485 cases with revoked I-140s. However, applicants filed MTR and reopened their I-485 case successfully. It seems that this mistake from CIS has been stopped. I read somewhere that it happened by some new trained officers in service centers and these days CIS do not do this mistake anymore.

Filing AC21 does NOT stop revoking I-140 from the sponser (if they want to do so), however if you are eligible to invoke AC21, revoking I-140 will NOT impact your I-485.

Regarding filing (AC21):
As long as you have all 3 following conditions:
1) you have approved I-140 and
2) your I-485 is pending more than 6 months and
3) the new job is in a "similar field" (not have to be the same in title and tasks). You can take advantage of Portability Rule (known as AC21) to be flexible for changing job.

Sending AC21 supporting documents is not mandatory and based on so many discussions in this forum, it is recommended NOT to send AC21 to CIS. And wait for RFE, if they issue.

Common RFE is EVL. The new company should provide a solid letter includes job description, salary, location, type of employment, dates, etc. Although after invoking AC21, the new company is not responsible for the "salary amount", usually people are being asked for pay stubs (salary rate is important for the original sponsor).

*** If you decide to send AC21 documents, it should be send to the service center which your I-485 "currently" is. You should put a good cover letter and a copy of your I-485 notice.

Good Luck.

Regarding change of employer (AC21):
As long as you have all 3 following conditions:
1) you have approved I-140 and
2) your I-485 is pending more than 6 months and
3) the new job is in a "similar field" (not have to be the same in title and tasks). You can take advantage of Portability Rule (known as AC21) to be flexible for changing job.

Sending AC21 supporting documents is not mandatory and based on so many discussions in this forum, it is recommended NOT to send AC21 to CIS. And wait for RFE, if they issue.

Common RFE is EVL. The new company should provide a solid letter includes job description, salary, location, type of employment, dates, etc. Although after invoking AC21, the new company is not responsible for the "salary amount", usually people are being asked for pay stubs (salary rate is important for the original sponsor).

Good Luck.

I know what NSEERS is and I was subject to it (due to my nationality). However, the officer did not ask me for the second inspection.

I used my AP returning from a Middle East country last summer. That was very smooth without any problems.

I went to Green card/Citizens lines. The officer just verified that my current address is the same as what they have in the system and stamped paroles, kept one and returned two to me.

The ONLY and the IMPORTANT task is: before departure from US, you MUST go the immigration office at the airport and inform them that you’re leaving. They will update their system and stamp the passport. They will ask you to see “all 3 AP originals”, I-94 (s), I-485 receipt and may be H1B approval notice (about I-485 and H1B, I just had the copies with me). If H1B is expired, you can show your EAD.

I have seen a lot of people used AP WITHOUT any problems. In general it should NOT be a secondary inspection with a valid AP.

Good luck.

Filing I-9 is employee responsibilities (to show legal hiring). Just show them your GC and ask them to update I-9. Do not be worry.

*You must wait to receive your EAD.

* If I-140 is approved AND I-485 is pending more than 180 days, sponsor can revoke the I-140. However it will NOT impact your I-485. In simple words, sponsor does not have control on your I-485 anymore.

* If you have EAD in hand and you want to change job, always recommended first try to transfer your H1B (or even get a new H1b) instead of using EAD. But due to difficulties of getting new H1B (and cost of that) most people use their EAD and change job (like myself).

*If you change job on EAD, new company on I-9 form (employment verification) must use your EAD (and your immigration status would be “adjustee”).

Good Luck.

Member Profile: sh5032001 (443 posts)