180 days counting

B

Bic_1702

Registered Users (C)
Hi!
How do they count the 180 days? I kept thinking that I am kind of out of danger if the company closes after 6 months, but now I am having second thoughts and I think the BCIS is referring actually to 180 business days; which, in our case, would be late September (Concurrent filling 140 and 485 RD 01.21.03 ND 01.22.03) and not late July as I thought.
Any idea?
Thx
 
Like most INS (BCIS) guidelines, it's open to interpretation. AC-21 guidelines do not specifically state business or regular days. Therefore, I guess you could argue it both ways. Sheila Murthy's interpretation can be found here.

http://www.murthy.com/UDac21qa.html

I know it's not the definitive answer you were hoping for, but like most BCIS questions, there isn't one.

Best Regards

Rav
 
you may be right, but i don't think when they say 13 month approx time for I-485 at NSC, it meance only couting business days.

So I think it's actual days not business day.

I think there is one issue for Ac21 to count days from RD or ND, but in your case it's almost same day (one day appart)

Other issue I am aware of is in concurrent filing whether conside after I-140 approve or from I-485 filing, so that is toallay different ball-game.

I hope I didn't confuse you more.

JB


Originally posted by Bic_1702
Hi!
How do they count the 180 days? I kept thinking that I am kind of out of danger if the company closes after 6 months, but now I am having second thoughts and I think the BCIS is referring actually to 180 business days; which, in our case, would be late September (Concurrent filling 140 and 485 RD 01.21.03 ND 01.22.03) and not late July as I thought.
Any idea?
Thx
Click to expand...
 
Just to clarify, I too believe that it is regular days, not business days. The point I was trying to make is that AC-21 does not mention specifically (to the best of my knowledge) which one it is, therefore, if you catch an agent on a bad day, you could be in for a disagreement with them if they want to take the business days "road".
 
check out ac21 on the bcis website

they mention everyting about ac21. gives a clear idea if you are on h1 or aos etc.
 
Thanks...

...to all. I can stay a little bit more relaxed. Well, it's a way to put it.
For jbm: from the research I've done on the Internet the result concerning when they start counting (after or before I-140 approval) is that it is again interpretable. Murhty and Shusterman say that when they passed the concurrent filling law they didn't touch the AC21, so therefore no news is good news. So you can still consider the beginning of days the moment you filed for AOS. BUT, as I've read it is mandatory that your I-140 is approved before you change companies 'cause otherwise you're busted.
Good luck to you all. Hope I won't see you here over the years. :-(
 
Generally, when counting days if the period is short (under 30 days) you count business days, but if the period is longer it is all days including holidays and weekends. I've never heard of INS arguing that 180 days is only business days.
 
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