180-day period in concurrent filing

C

ConcurrentFiler

Registered Users (C)
If I file i-140-485 concurrently tomorrow, when does 180-day period start?
Could you guys give me BCIS link where I can read about this or any other link?
Thank you,
-Concurrent filer
 
I asked my laywer the same question. He said BCIS doesn't have an official explanation. You can count based on your I140AD or I485ND. He saw both cases and by far none has problem.
 
It always starts from the 485ND but AC21 does not apply till the 140 is approved.

So even if you cross 180 days from the 485ND but the 140 has not been aprooved yet, the EAD cannot be used.

-Savant
 
When this 180-day period is in gray area, and when even lawyers depend on thier own discretion, how can one definitely tell that 180-period starts from 140day approval?

Doesn't LAW clearly states that 180-period starts from 485ND from the beginning. When this new concurrent law was introduced, the failure to address this issue results in 'continuing the old law' or it hasn't been replaced.

Just for an argument, even we goto court, court will decide matters based on the existing law, in this case 180-period starts at 485ND. Isn't not?
 
Based on what I know and according to my lawyer also, it is true that it is I485 ND which incase of concurrent filing same as I-140ND
 
You are true!

All the lawyers who say that AC21 applies with 140 approval, are indicating that they are playing "safe", rather than referring their thinking to the "law".

If they say AC21 applies @ 140 approval date, no matter what their cliens will be safe.

Personally I go with law, but not by anybody's "discretion". :D
 
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IMHO
1. EAD does not hv anything to do with I140 aproval. Even though your I140 may get denied and you may be in a 'funky' situation. I am using EAD without I140 approval with explicit consent of my reputed lawyer.

2. The 6 month period starts from 485 ND. However as stated by above responder- most lawyers would recommend waiting for I140 approval before changing jobs. As once again if I140 gets denied or RFE you may be in a 'funkier' situation.
HTH
 
If a person can use EAD wihout waiting for 140 approval then what happens in the case where a person is laid off and moves to another job? Where does his EAD stand then? Or more importantly what happens to his 140 which is closely tied to the employer?

From what I have gathered, usage of AC21 before 140 is a grey area. I have read reports in the past where INS has stated that AC21 can only be applied after 140 is approved.

Contradicting to the above is the fact that they (INS) does issue an EAD even if 140 is pending. So conversly if they issue it then it is usable?

Experts?
 
It is usable. Nobody said it is not usable. But people are worried about the risk involved with it. Once I-140 is rejected EAD becomes invalid. EAD is issued assuming your I-140 /I-485 will be approved.

AC-21 and EAD are not related matters. EAD is issued for some visa holder’s dependents also. You can use EAD if you are confident that your I-140 will be approved.

If your H1 is expired (or completed six year term) then you need an EAD even though you are not exercising the AC-21.

Your I-140 is approved you are safe up to some extent to use AC-21 as your employer does not need to stand up for you in case of RFE.
 
:eek: well... EAD and AC-21 are two different matters. So lets stick to this ONE topic, when would '180-day period in concurrent filing' start? Any discussion or reasonings or experience related to just this, would be appreciated.
 
That is the grey area. But I think It is 180 days from your 485 dates. If your I-140 is approved you are fine. If there is RFE/ Revocation Then 485 is dead.

See the case LongGC in 485 thread. It does not matter. You cannot go word by Word AC-21. It is not a Law.

EAD is byproduct of your 485 appication.
 
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