Approved Finally

Congratulations!

And to whoever said that we donot need to congratulate -

1. The more congratulations you receive on 'any' accomplishment the better you feel.
Im sure, Pcee felt great when he got 100+ congratulation posts.

2. It helps keep the thread up so, people ( who do not login every 5 min ) can know there was an approval.
 
Congrates Junior. Thats really an accomplishment.

BTW I'm also in the same boat in which ONCE UPON A TIME u were. So you suggest that one should take a lawyer b'coz I'm also AC21 case and do not have any lawyer. I got my EAD renewed myself. Don't you think we can take some cutting of AC21 rule so atleast they don't deny but give some time to research?
 
Yeah! I did my EAD and otherstuff too.. but the general idea is that they tend to be more accomodating when you are there with your lawyer.

BTW, you have to sign something that says you are voluntarily giving up the option the option of having your lawyer present.

Luckily for me the DAO didn't get offended when I mentioned that there's a rule called AC21 which came out in Oct2000 etc..

but what if the Officer there is not as accomodating as mine... why do you want to take that chance...

if you have a lawyer in your area who knows all this then you may only have to pay for his visit may be 2-3 hrs depending on the place you live.. it took me only 5 min wait and 15-20min interview....

if I had a local lawyer it wud hav costed me only for an hr of his time....

but if you are in a place where there are a lot of employment based petitions you may not have to worry abt this situation 'cos there's a fairly good chance that all the DAOs there are aware of this rule already.

Then you won't need the lawyer.

good luck!
-junior
 
Thanks Junior for sending me lawyer info. But I couldn't understand this sign stuff? When and where I have to sign?

Your information is really really helpful.
 
BTW I'm in San Jose. How about the lawyers in India Current magzine who supports AC21? Has anybody hired any of them?
 
all three jobs you changed have same title?

even though the responsibilities might be same, is the title also the same. Please let me know
 
Congratulations, junior!

I am on the same boat as you. I changed the job after 4 and a half month of I-485 filling as previous company is going to be out of business. And I have to resign when I had the new position (the new employer don't want to wait). Now, my I-140 was approved and 180 day has been passed. But I am still worry about this as my lawyer said it's not posible to use AC21.
Could you please let me know how did your lawyer reply to the INS. Did he metion the date you change the job?
 
Thanks everybody!

hopegclucky, I'm not sure about your situation. My 140 was approved even before I filed for my 485. I'm sure there are lot of very informed people on this forum who can advise or give you facts beter than me.

As far as I know (from my lawyers note), There were 2 memos that came after Oct 2000 when this rule came into existence one in June 2001 and other on Aug 4th 2003. Which says:

"Service memo, which provides that the labor certification or approval of a Form I-140 employment based (EB) immigrant petition shall remain valid when an alien changes jobs if:

(a) A form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
(b) The new job is in the same or similar occupational classification as the job which the certification or approval was initially made"


It seems this rule came as a memorandum entitled "Continuing validity of Form I-140 petition in accordance with section 106(c) of the American Competitiveness in the 21st century action of 2000 (AC21) (AD03-16)" by BCIS Acting Assocaite Director of Operations Mr.William R. Yates.

hope this helps

-junior
 
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