180 Rules Is On Reciept Date Or On Notice Date Please Help Thanks

Confusing

I earlier thought that 180 day rule start from the RD, as it has been mentioned at various postings in this forum and in Murthy chat group. One of my friend told me that 180 day rule should be calculated from the ND and I asked him why? He told me that if you call NSC and punch the LIN #, the AVM says that your application was received on (date) which will be your ND. I then checked myself and it is what my friend told me.My RD is 8-7-01 and ND is 9-18-01. The AVM says that "your application was received on 9-18-01. Which means that we should calculate 180 days from 9-18-01. I then called my lawyer and he told me that 180 days should be from my RD which is 8-7-01. Now I am CONFUSED.
Any thought on this.
 
receipt date

Find below the portion of AC 21 memo from INS. It clearly states if the application to adjust status is not adjudicated within 180 days from filing, then the allien can change job. Filing usually means the date INS received the application(ie receipt date).

The AC21 106(c) provides that the certification or Form I-140 approval of an EB immigrant petition shall remain valid when an allien 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 for which the certification or approval was intially made.
 
180 days calculation

I was also having same delima. The AVM said ND for the receipt, However, recently I have got a notice for Finger printing where receipt date is RD. My attorney also says that 180 days rule is applicable from RD.
 
So how is 180 days counted?

Is it 180 Business Days after RD or

180 Calender days after RD.

This again is confusing. No information on this. Does anyone have any answers?
 
You must log in or register to reply here.
Top