AC21 Acknowledge letter from USCIS

[abnew]

Hi,

I am under AOS and 1-485 pending for more then 180 days. I changed the job( contract -to-hire) using AC 21. I submitted AC21 couple months back and this week i have received the Acknowledge letter from USCIS which acknowledges the receipt of correspondence (AC21).

Also says that they received information regarding possible eligibility of candidate under Ac21 and correspondence forwarded to file.

Any idea what will happen next?

Thanks in advance.

[Attorney_15]

Generally, if someone receives a letter from USCIS confirming their receipt of one's AC21 porting information, nothing further happens until the priority date is current. USCIS may issue an RFE with questions or they may not. There is no standard normal procedure in AC21 cases to issue RFEs, or even to issue acknowledgement letters.

[chakrakr]

Generally, if someone receives a letter from USCIS confirming their receipt of one's AC21 porting information, nothing further happens until the priority date is current. USCIS may issue an RFE with questions or they may not. There is no standard normal procedure in AC21 cases to issue RFEs, or even to issue acknowledgement letters.

Is AC21 suggested during job change ? I know it is not mandatory but what is the preferred option -- Send AC21 letter after job change OR wait and watch if CIS issues an RFE/NOID ?

[Desi Dude]

Send the AC21 letter. Whats the harm?

[chakrakr]

Send the AC21 letter. Whats the harm?

Just believer of "let the sleeping dog sleep " :)

My old employer has been merged with another company and do not exist any more. So they cannot/will not revoke 140. Seeing the 485 processing dates, looks like my one is already pre-adjudicated and waiting for a visa number. I am still in the same county /Metro area (no address change accross state ) . So things look pretty safe .

[Shurap1]

Send the AC21 letter. Whats the harm?

Possibility of RFE :)

[myanshul]

I just received my Green card yesterday. I was a similar case with the AC-21; however chose not to invoke it. I'm of the same opinion, there is no legal requirement to inform USCIS of changes in the job and invoke AC-21. Why wake the sleeping Giant and ask for an RFE.

I've switched 2 jobs and have accelerated my career. Once my PD was current, I simply got the card in the mail, no questions asked. I highly recommend not to invoke AC-21 and simply wait for an RFE is any, chances are remote. One Caveat, I worked for a Fortune 100 company, if you work for a small company with no name recognition, it might be a different scenario. I found it not to bug USCIS with things that are not required and my Attorney advised me not to send them anything if not required.

[chakrakr]

I just received my Green card yesterday. I was a similar case with the AC-21; however chose not to invoke it. I'm of the same opinion, there is no legal requirement to inform USCIS of changes in the job and invoke AC-21. Why wake the sleeping Giant and ask for an RFE.

I've switched 2 jobs and have accelerated my career. Once my PD was current, I simply got the card in the mail, no questions asked. I highly recommend not to invoke AC-21 and simply wait for an RFE is any, chances are remote. One Caveat, I worked for a Fortune 100 company, if you work for a small company with no name recognition, it might be a different scenario. I found it not to bug USCIS with things that are not required and my Attorney advised me not to send them anything if not required.

Good thinking. Unfortunately, I am not able to consult my Attorney. The moment I inform him , he will --1) ask me to file AC21 (money for him) AND 2) Call my ex-employer (he is employer's Attorney as well) and ask them to cancel 140 (more money for him). He even made the company file a new H1 for me after acquisition even though it was successor of interest. When I asked , he said CIS has come up with new guidelines which says a new H1 is required even for successor of interest . I told the employer that it is not required but did not bug much because it was not my money :)