To File AC21 or Not

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02-23-2013, 07:31 AM
bathula44

To File AC21 or Not

I am looking for some advise from Senior members

I have filed 485 in EB2 back in Dec 2011 and my PD is Feb 2008. i recently changed job (Feb 2013) after one year of filing 485. My previous company assured me that they will not revoke i140. in this situation is it advisable to file AC21 or should i wait and see if an RFE issued while adjudicating at the end of FY and submit necessary documents at that time.

I have got an RFE back in March 2012 about Birth Certificate and Flu Shot and i have responded to that in April 2012 and no update after that.

I do appreciate your suggestions.
02-23-2013, 10:58 AM
veni001

Quote:

Originally Posted by bathula44

I am looking for some advise from Senior members

I have filed 485 in EB2 back in Dec 2011 and my PD is Feb 2008. i recently changed job (Feb 2013) after one year of filing 485. My previous company assured me that they will not revoke i140. in this situation is it advisable to file AC21 or should i wait and see if an RFE issued while adjudicating at the end of FY and submit necessary documents at that time.

I have got an RFE back in March 2012 about Birth Certificate and Flu Shot and i have responded to that in April 2012 and no update after that.

I do appreciate your suggestions.

bathula44,
I would file for AC21.
02-24-2013, 02:30 PM
edisonguy

Your PD is very close. If you file chances it will be again reviewed. Your call to file or not.
02-25-2013, 09:23 AM
bathula44

I understand from your statement that if i file AC21 my application may be reviewed again. Is it a good thing or bad?

i am assuming in any case while they are going to do final approval they may review file again.
02-26-2013, 10:50 AM
pdfeb09

Quote:

Originally Posted by bathula44

I am looking for some advise from Senior members

I have filed 485 in EB2 back in Dec 2011 and my PD is Feb 2008. i recently changed job (Feb 2013) after one year of filing 485. My previous company assured me that they will not revoke i140. in this situation is it advisable to file AC21 or should i wait and see if an RFE issued while adjudicating at the end of FY and submit necessary documents at that time.

I have got an RFE back in March 2012 about Birth Certificate and Flu Shot and i have responded to that in April 2012 and no update after that.

I do appreciate your suggestions.

I would file AC21 too, like Veni. If an RFE is issued about EVL, and you then decide to file AC21 (because now your employer is different than the petitioning one), how will you explain the wait for filing AC21 to USCIS?

Moreover, even if the first employer has promised not to revoke I140, how does it hurt to apply AC21 anyways?

It is completely your call, but I would send in the AC21 papers if I were you.

0.002 cents !
02-26-2013, 11:29 AM
Kanmani

There is a good possibility that you will get your GC at the end of this FY. 7 more months to go.

What happens if you file AC21?

2 documents need to be attached to your I-485 file 1. Change of employer & Change of Attorney 2. New EVL

After filing AC21, other things are not clear, No one knows when our file is reviewed , so at the time of review , if the adjudicator is satisfied with our documentation we are done with GC. Otherwise RFE is shot.

What happens if you don't file AC21?

USCIS is not notified, so the file is kept untouched until visa number authorisation note comes from DOS. Our PD is current for the second time, this time our file may or may not be handled by the same adjudicator. If assigened to a new ADJ, it is his decision to look for new EVL or else he would press done.

I conclude with,

If you are lucky, you will get your GC without filing AC21.

If you don't file AC21, if the new Adjudicator looks for an updated EVL , you'll end up with an RFE. At that time, there is a chance for missing the second PD opening during RFE review time and you may end up with retrogression again.

Finally, the ball is in your court.
02-26-2013, 02:37 PM
bathula44

Thank You All for your feedback.

I have started working with my employer to file AC21.

Quote:

Originally Posted by Kanmani

There is a good possibility that you will get your GC at the end of this FY. 7 more months to go.

What happens if you file AC21?

2 documents need to be attached to your I-485 file 1. Change of employer & Change of Attorney 2. New EVL

After filing AC21, other things are not clear, No one knows when our file is reviewed , so at the time of review , if the adjudicator is satisfied with our documentation we are done with GC. Otherwise RFE is shot.

What happens if you don't file AC21?

USCIS is not notified, so the file is kept untouched until visa number authorisation note comes from DOS. Our PD is current for the second time, this time our file may or may not be handled by the same adjudicator. If assigened to a new ADJ, it is his decision to look for new EVL or else he would press done.

I conclude with,

If you are lucky, you will get your GC without filing AC21.

If you don't file AC21, if the new Adjudicator looks for an updated EVL , you'll end up with an RFE. At that time, there is a chance for missing the second PD opening during RFE review time and you may end up with retrogression again.

Finally, the ball is in your court.
02-26-2013, 04:03 PM
edisonguy

Is your AC21 case perfectly fine in terms of same/similar occupation.

If you I-140 not revoked, address not changed, and confident on new employer will provide all support anytime then you do not need to do now.

Again if you are very scared, do it. Doing after that do not worry much. Either way it is a worry.

Quote:

Originally Posted by bathula44

Thank You All for your feedback.

I have started working with my employer to file AC21.
02-26-2013, 06:47 PM
bathula44

Job is Similar i.e. Sr.Programmer Analyst VS Sr. Systems Analyst ( Similar job duties i mean coding, testing, troubleshooting and documentation etc..).

My employer is willing to file AC21 using company lawyers and provide the EVL. i have provided the Job Desc content that goes on to EVL. salary is close 15% more what mentioned in labor.
02-26-2013, 08:15 PM
gcq

Filing AC21 for the first job change is a smart Idea in case your former employer withdraws your I-140. Once AC21 files are included in your file at USCIS, chances of getting an RFE on I-140 revocation is less. After the first job change, don't bother to file AC21 anymore. This is a practical approach.