180 day rule - start from RD or ND?

Y

ywang

Registered Users (C)
Hi, gurus:
I have a question on the 180 day rule:
My husband\'s I485 was filed on 03/23/2001, NO receipt yet.
His company is laying off all people in his group soon. They\'ll be kept on payroll till end of sept (exactly 180 days from his file date).
If the 180-day is count from RD, then I guess he\'ll be fine. But whatif it count from ND?
ANY body has ANY idea???
Thanks a lot!
 
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sorry to hear about it...Nobody really knows whether its from RD or ND..INS has not come out with regulations....hopefully we all pray its from RD
 
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I\'m crossing my finger...
I think it\'s more resonable to use RD. different serivce centers issue ND differently, If they use ND, then it\'s not fair for the CSC applicants.
 
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How does CSC issue ND? why is there so much difference between RD and ND for CSC. How do other center handle this? If anybody has any idea please post.

cheers
 
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Food for thoughts : JIT only talks about receipt date??. So can we assume RD ?.
 
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Thanks guys for the inputs.
It\'s really frustrating...
CSC issues receipt after 4-6 week from the RD.
The good thing about CSC is that they process I485 pretty fast.
I\'m hoping that we can get the I485 approved by the end of Sept.
 
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More food for thoughts: from JIT foot notes:
"\'Data entry\' means the receipt date of the last case taken from the shelf and assigned to an officer as of the date of the JIT Report."
It talks about taken from shelf and assigned to an officer. So, which officer? doing what? Generating a notice? If so then it should be closer to ND. If for receipt data input, then it is closer to RD. Based on the approvals in the past few days, I suspect it is closer to the RD. However, since there is a 4 to 6 week period between RD and ND, you can think of the date as RD as to be assigned to an agent, or ND as the date your case should be approved.
 
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The following is the original text in 2045. the 180 day should count from the file date of the application(RD)according to the law:

`(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.\'
 
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This is indeed a good question. But I ahve another twist to this. On my 797 form it saya they received it on Nov 22nd 200 and notice date is Dec 8th. However, according to the AVM they received it on Dec 7th! So which RD date do you go by?
 
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From the exact words in ywang\'s followup post, the law seems
referring to RD instead of ND. Many lawyers also think RD is
the day to account for I80 days. We will just have to wait
and see.

ciba
 
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My lawyer told me that if you file your 485 by FedEx today,
the next day is the starting date you count for that 180 day.

By the way, can anybody explain exactly what is RD and ND?
Is the date associated with case number assignment ND or RD?
 
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RD (receive date)is the date INS receives the petition.
ND (notification date) is the date that INS issues a receipt to the application.
 
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