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Ac21 - Notify Uscis Or Not - A Unique Situation

Discussion in 'AC 21 I-140 Portability' started by itsmeusa, May 5, 2015.

  1. itsmeusa

    itsmeusa Junior Member

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    Hello Ron,
    I have already gone thru the material you have posted that AC21 is not mandatory and there is no need to proactively notify USCIS and still I have questions.

    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. That letter reached USCIS 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.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The worst that can happen is that the USCIS sends out a notice of intent to deny, asking you to provide them with proof that you will work in the same or similar occupational classification as that described in the PERM. If you send them an employment verification letter, they will continue processing your application.
     
  3. itsmeusa

    itsmeusa Junior Member

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    Thank you Ron, yes, my new job title and duties match 100% with that in PERM, I-140.

    The reason for asking this question is I came across few cases where USCIS straight away denied I-485 without giving I-485 applicant a chance. In your experience, does this happen these days or that was only one-off cases few years back?

    Thank you once again, your help is greatly appreciated.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That has happened in a number of cases. If it happens to you, file a motion to reconsider along with an EVL and they will reverse their denial.
     
  5. itsmeusa

    itsmeusa Junior Member

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    Hmm...in that case, wouldn't sending AC21 documents upfront be a good deal?

    When the case is being considered under MTR - as I-485 is denied, would it not also deny - it's fringe benefits - EAD / AP? I would practically loose my job until MTR is approved and denial is reversed.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, your EAD will remain valid until it expires.
     
  7. itsmeusa

    itsmeusa Junior Member

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    Awesome, thank you Ron...
     

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