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Old 04-16-2012, 09:15 AM
gbof gbof is offline
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jan 2009
Posts: 255
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Default not Mandatory...

Quote:
Originally Posted by gfor_gc View Post
Filing AC21 is not mandatory. In fact some reputed lawyers discourage that. If your I-140 won't be revoked, there is no need to file AC21. Don't assume your employer won't revoke your I-140. Who knows, your employer may have a change of mind later. It is safe to file it once. No need to file it multiple times.

If you get an RFE for EVL a few years later when you are with another employer, be ready to produce an EVL from your employer at that time.
gfor_gc is correct.
My experience: I stayed with my GC employer for 8 yrs and for career sake moved to new employer after `180 days of 485 filing. my attorney said ac21 not mandatory...we'll deal with it, if any rfe. Unfortunately, my new employer laid off/let most recent hires go...after about 18 months. I moved to 2nd employer ... no ac21 this time too. there was an irrelevant rfe which I answered without even consulting my attorny. Finally, GC came in 2010.
I believe it depends on the guy looking at the case. You have to decide and calculate your risks.
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