Lawyer recommendations for AC21

[AgentM]

Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

Thank you.

[ita]

http://immigrationvoice.org/forum/sh...ad.php?t=23042 (AC-21 attorneys)

Thank you.

[yagw]

Laurie A. Bonilla


Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567


Phone: (650)903-2232

Fax: (650)903-2239

[jsb]

Originally Posted by AgentM

Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

Thank you.

Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.

When lawyers want to do this, they do so only to make some money.

[vin13]

Here is what my lawyer had typed for AC 21 letter

Brief description of the job offer with job titile, brief description, and salary.

A brief explanation of the company

Inform USCIS that this job is similar to the one applied for GC process and mention about using AC 21 as it has been more than 180 days since 485 was applied.

Attach copy of I-485 receipt, I-140 approval, EAD

[gc_dedo]

Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.

[jsb]

Originally Posted by gc_dedo

Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.

Please read posts above. There is no need to send anything to USCIS unless asked.

[pgc10]

This is a grey area, in my opinion, some lawyers say that you should file those documents for AC21 and some say don't (just wait for RFE, if any). But I have seen people getting success and failure with either method on several other boards. Maybe it depends on how similar your new job description is to the old one and the IO.

[sparky_jones]

My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

[abandookwala63]

Originally Posted by sparky_jones

My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.

[pgc10]

Originally Posted by sparky_jones

My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

http://immigrationvoice.org/forum/sh...ad.php?t=23339 (laid off: will i be out of status??)

[axp817]

Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

Just my 2 cents,

[sparky_jones]

Originally Posted by axp817

Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

Just my 2 cents,

I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.

[FinalGC]

The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??


Also does anyone have the exact wording they sent to USCIS with the AC21 letter

[axp817]

"The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.

My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.