Question details
1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?
2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?
1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.
2. My take is AC21 would be a better idea, although, not fool proof.
I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.