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 finally received my green card this month after 5 years. Just a little background, I been working with Rajiv ji since 1999 , I almost have 6-7 H1 extensions. I started my GC process before Perm and been through almost all the possible complications one can have. I can proudly say that with help of Rajivji and team I am able to finish that journey without losing the hope. I got an opportunity to talk to Rajivji for than 6-7 times on different problems. I am really amazed the way he handles these repetitive questions with sincerity and in-depth knowledge of his trade.
On one Friday I received a notice that USCIS transferred my I-485 case to AAO by mistake even after they approved my second I-140. I was really upset as it means there will be at least 18 months delay even if my date is current. To my surprise I received CC email from Mr.Khanna on early Saturday morning guiding his team about next step. It clearly shows how closely he monitors most of his cases.
Also many thanks to [b]Sumanji,Anna, Mathew,Rita,Bharthi,subba,Pranita[/b] and other staff members who are very co-operative during this process.
I am greatly thankful to one of Rajivji’s [b]attorney Ms Sheena Gill[/b], with whom I worked for last two years. She is more than one can ask to get[b] best case manager[/b] on your case. Since USCIS send my case I-485 to AAO it was clear that this case will go nowhere. Sheena was super prompt in following up the case during this time. Without her efforts it was not possible to reach at this stage.
I am thankful to Mr.Rajiv Khanna and his staff for all the help during these nine years.