180 days calc
kjkool,
Theres no clear regulation from the INS on this yet!
In the absence of such a regulation different lawyers suggest different things (as below):
1) Most common:
As long as I-140 is approved & I-485 pends with INS for more than 180 days you have met the two rules for AC21 eligibility.
This is what Sheela Murthy recommends in her FAQ on AC21
(
www.murthy.com)
2) Conservative:
Wait 180 days after I-140 is approved (assuming your I-485 is still pending adjudication).
Since this is the safest my lawyer recommended this.
The above only make you eligible for AC21
But to make a proper AC21 case there are other things you need to worry about:
a) Job description with new employer:
This should not be a factor if you move to a similar job.
b) Salary:
Rajiv Khanna & my lawyer say that the new employer must pay 95% of the prevailing wages. Actually Mr. Khanna states that it should be 95% of prev wages in the area of new employer. But my lawyer states 95% of prev wages stated in my labor salary.
Carl Shusterman & Sheela Murthy state that new salary does not matter at all (as long as its above poverty lines).
I downloaded & read AC21 myself, it does not state anything about salaries, but i have read some posts on immigrationportal.com that INS issued a memo in June 2002 that they expected new salary to be the same or more.
Bottom line is that INS does not have any clear rules on AC21. Its far from a law, which leaves it to lawyer's interpretations. Hire a good lawyer, he/she can take you home!
