Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 11-24-2008, 09:09 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Mar 2007
Posts: 100
vxb2004 has a spectacular aura about vxb2004 has a spectacular aura about
Default AC21 Documents Never Received by USCIS

Hello,

I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?

Please advise.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 11-25-2008, 01:18 AM
Donor
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
08/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Aug 2006
Posts: 277
little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute
Default

I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
__________________
^^^^^ HELP IV TO HELP YOU ^^^^^
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 11-25-2008, 11:20 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Nov 2007
Posts: 691
meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute
Default

Quote:
Originally Posted by little_willy View Post
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 11-25-2008, 12:00 PM
Donor
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
08/31/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/24/2007
Compare
Join Date: Aug 2006
Posts: 277
little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute little_willy has a reputation beyond repute
Default

Very true. This is what I did, i changed jobs but still retain the attorney from the previous employer. Also, I did not submit AC-21 papers as suggested by my lawyer. Again, this is your choice.

Quote:
Originally Posted by meridiani.planum View Post
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
__________________
^^^^^ HELP IV TO HELP YOU ^^^^^
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 11-25-2008, 02:24 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Mar 2007
Posts: 100
vxb2004 has a spectacular aura about vxb2004 has a spectacular aura about
Default

Thank you very much for all your inputs. I hope everything goes well.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 11-25-2008, 05:31 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
07/09/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: Feb 2008
Posts: 19
KKtexas is a splendid one to behold KKtexas is a splendid one to behold KKtexas is a splendid one to behold KKtexas is a splendid one to behold KKtexas is a splendid one to behold KKtexas is a splendid one to behold
Default Soft LUD

vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
__________________
PD: Nov 2005
Cat: EB3
I-140 AD: Nov 2008
I-485 RD: July 25 2007
I-485 ND: Sept 29 2007
EAD: on first EAD
Have used AC21 ,Waiting for USCIS to make decision...
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 11-25-2008, 06:12 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
06/11/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
06/11/2007
Compare
Join Date: Apr 2006
Posts: 517
InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future InTheMoment has a brilliant future
Default

USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 11-25-2008, 06:56 PM
Donor
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
10/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/05/2007
Compare
Join Date: Jul 2007
Posts: 40
northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold northstar is a splendid one to behold
Default

You should be ok, just send them the papers again
__________________
Contribution: $350 till date
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 11-25-2008, 08:59 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Mar 2007
Posts: 100
vxb2004 has a spectacular aura about vxb2004 has a spectacular aura about
Default

Quote:
Originally Posted by KKtexas View Post
vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,

I had some soft LUD's in June...but the AC21 documents were sent in June!!
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 11-25-2008, 09:06 PM
Member
Priority Date
:
Jul-04
Category
:
EB2
I140 Mailed Date
:
04/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
04/01/2005
Compare
Join Date: Oct 2007
Posts: 39
kris04 has a spectacular aura about kris04 has a spectacular aura about kris04 has a spectacular aura about
Default

Quote:
Originally Posted by vxb2004 View Post
Hello,

I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
Will this trigger an RFE?

Please advise.
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


Good Luck

HTH

kris
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 11-26-2008, 12:32 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/10/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
Compare
Join Date: Mar 2007
Posts: 100
vxb2004 has a spectacular aura about vxb2004 has a spectacular aura about
Default

Quote:
Originally Posted by kris04 View Post
This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


Good Luck

HTH

kris


Kris,

Thank you very much. Appreciate your input.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Necessary documents to USCIS for COS from H1-H4 kanyewest Out of status, employment gap and status revalidation 1 02-12-2009 11:53 AM
Documents need to file/Invoke AC21 unbreakable All other Green Card Issues 6 12-17-2008 03:13 PM
Documents Required for AC21 karsat AC21 Portability after 180 days of 485 filing 10 07-31-2008 08:26 PM
AC21 - EAD not received sri2007 AC21 Portability after 180 days of 485 filing 2 02-26-2008 03:02 PM
I140/I485 documents lost by UPS: Does USCIS accept photocopied documents?? reddysms All other Green Card Issues 3 08-08-2007 09:36 AM



All times are GMT -4. The time now is 07:07 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org