Ac21 - Notify Uscis Or Not - A Unique Situation

Hello Gurus, I need your expert advice on whether I should send USCIS documents regarding me invoking AC21 or not.

After 185 days of filing I-485, I left my H-1b employer. I didn't have a job that time, luckily within 2 weeks, I got the job and joined a new employer after 1 month of leaving H1b employer. Meanwhile, H1b employer sent a letter to USCIS to revoke my H1b, few days before I joined a new employer. I am not sure whether he had a note there that he doesn't support my I-140.

I am getting a little anxious as what worst could happen. In this case, do you think, submitting AC21 documents to USCIS is worthwhile?

Thank you.

This is the situation where you should file AC21 to cover your case though legally it is not required to do so.

If 180 days had passed - 140 was already approved then your employer revoking it has no bearing. You are already covered by AC21.

AC21 doesn't require you to file anything with USCIS - although they do have forms available if you WANT to file.

IMHO - you can safely proceed as if nothing happened and do nothing on this front.

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Originally Posted by itsmusa

Hello Gurus, I need your expert advice on whether I should send USCIS documents regarding me invoking AC21 or not.

After 185 days of filing I-485, I left my H-1b employer. I didn't have a job that time, luckily within 2 weeks, I got the job and joined a new employer after 1 month of leaving H1b employer. Meanwhile, H1b employer sent a letter to USCIS to revoke my H1b, few days before I joined a new employer. I am not sure whether he had a note there that he doesn't support my I-140.

I am getting a little anxious as what worst could happen. In this case, do you think, submitting AC21 documents to USCIS is worthwhile?

Thank you.

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Thanks gcq & Q...

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Originally Posted by qesehmk

If 180 days had passed - 140 was already approved then your employer revoking it has no bearing. You are already covered by AC21.

AC21 doesn't require you to file anything with USCIS - although they do have forms available if you WANT to file.

IMHO - you can safely proceed as if nothing happened and do nothing on this front.

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Are there forms available for AC21 filing ?

I have a similar question. In my case, my company changed names. My lawyer wants to file AC-21, but has asked me to give a final go-ahead. According to her, there are some people on some forums actively advising against filing for AC21 proactively. She doesn't know why and hence asked me to take a call. Do you guys know of any drawbacks in proactively filing AC21?

When I approached Ron Gotcher's firm for filing my AC21, they advised against it as law doesn't require it. If your employer is likely to withdraw your I-140, it is smart to file AC21 pro-actively. If you don't file AC21 and USCIS realizes that your I-140 is withdrawn, they may issue an RFE for EVL. If they find an AC21 on your file, they won't send it as they already got the information.

Filing AC21 is advantageous in this situation because you decide the timeline you are going to send AC21. In case of EVL RFE, it may hit you at an inconvenient time as you maybe between job change or on a foreign travel.

In my case I filed AC21.

Thanks gcq. Right on....
In addition to that, I came across many threads on immi. forums where USCIS rejected I-485 when I-140 was withdrawn by employer (beyond 180 days). In that case, obviously, we could file MTR and do the stuff. But my another question would be - in this unfortunate case of I-485 rejection, what would happen to EAD/AP card - would I still be able to continue working when I-485 is being considered under MTR or EAD/AP become invalid when I-485 was rejected (even if it's USCIS error). And what's the latest I could be able to start working - after MTR is approved? Can I file EAD renewal when MTR is under consideration?

From what I remember reading some other forums about MTR, EAD/AP won't be valid while I-485 is in denied state. Once MTR is approved, it would all be normal (EAD/AP).

Anyone has experience that after filing AC21 case goes to extended review?