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.
I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.