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| xwy03 | Posted on: 2009/6/9 18:13 |
Just popping in   Joined: 2009/6/9 From: Posts: 1 |
laid off, get REF for EVL. Can I use AC21 Hi all,
I have I-140 approved, 485 pending 2 years. Priority date not come yet. Got laid off for 6 months. Get REF for EVL from USCIS last week. I have only 20 days left to reply. I try my best to find a new job. Here I have questions: 1. Is it USCIS pre-adjudicate my case now? 2. If I have not job until expired date, May I still use AC21 Portability, as my priority date is not current, I do not need to have job until I-485 approved. Just let my case keep active. Of course, I keep to find a job. Thanks a lot. |
| administrator | Posted on: 2009/6/9 19:06 |
Administrator  Joined: 2009/4/21 From: Posts: 45 |
Re: laid off, get REF for EVL. Can I use AC21 Our advise to you is to get a good lawyer as soon as possible, because the in our view you absolutely need to have a same / similar job right now to send them the EVL letter else they may deny the 485. Remember to use AC21 you need to have a same/similar job....you cannot be unemployed!!!!
There are two possibilities as to what happened - It may be that your 140 was canceled and the USCIS wants to confirm you indeed have a same/similar job. OR - as you say they are pre adjudicating your case In either case you cannot be unemployed now, you need to respond to the RFE and for that you need a job....again find a good lawyer and a job. Also is self employment an option? Its only 20 days and may be hard to prove this is genuine employment. Good luck and let us know the status |
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