AC-21 Rule is Not Available for Alien Beneficiaries with Evidence of Actively Search

[WFGC2006]

has anyone heard about the following? don't quite know where it is originally coming from. it's from here

2/10/2009

When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.

[vkt3142]

Guys, please let me know if anyone heard something similar else where.

Thank you

[chanduv23]

Is it referring to any USCIS docs? Has any lawyer ever warned about this? Has green card been revoked for people who had to quit jobs? Does this website point to any valid link?

[EndlessWait]

Originally Posted by WFGC2006

has anyone heard about the following? don't quite know where it is originally coming from. it's from here

2/10/2009

When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.

u sound like a desperate desi BS.

[insbaby]

** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

Add many more, there are 101 ways to torture a non-immigrant.

[gvenkat]

with the level of competence and intelligence shown by the USCIS.. u think they will care if some one changes jobs.. i dont think so.. desparate times need desparate measures and we should not be worried about these non-sense at all

[desighee]

Originally Posted by insbaby

** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

Add many more, there are 101 ways to torture a non-immigrant.

** You should only pee once. If USCIS finds evidence that , they will deny your I-485

[insbaby]

Originally Posted by desighee

** You should only pee once. If USCIS finds evidence that , they will deny your I-485

You will receive a NOID first.

You have to pay for your MTR, before they deny. (In other words, you have to pay for your denial)

[bigboy007]

I laughed at it when i first saw this in OhLaw website. Any employee who thinks of AC21 job change would be in either of those buckets mentioned and conclusion is NO AC21 for EB employees if truely interpreted another scary tactic though.....