2451 And Ac21

E

ertugruL

New Member
ACCORDING TO THE YATES MEMO OF AUG 4TH IT TALKS ABOUT H-IB. DOES THIS PORTABILITY APPLY FOR PEOPL WHO HAVE HA A CONCURRENT FILLING 485 AND 140, WHO ARE APPLYING UNDER 245i.

OR IS IT ONLY FOR H-IB TYPE APPLICATIONS
 
Portability is also available for 245(i) cases if I-140 approved and I-485 pending more than 180 days and same/similar job that was written on LC
 
This is so odd i called the 800 number spoke to a immigration officer who siad this would not apply as i am not applying under h-1b. then called back later and spoke to another immigration officer and quoted the memo and he said that if had to adjucate based on the yates memo he would deny it.

so strange
 
Meet your lawyer and clear it. The person who picks up the phone NCSC is not immigration officer; they are just contractor or new recruits. AC21 is available for 245(i) 245(k) and normal cases, for 245(i) you got LC cleared and then filed I-140 and I-485.
AC21 is kind of punishment to BCIS because they don’t approve I-485 in 6 months, if you filed I-140 and I-485 and I-140 approved and I-485 pending more than 180 days you are eligible for AC21, find the same/similar job that was written on your LC
 
Thanks

Thanks for the info but actually i asked to speak to an immigration officer on both occasions. Both of them where aware of the rulling and both gave differnet answers. I guess they have no idea.

Thanks again for all your help
 
Next time you speak to NCSC if they provide the wrong info ask the name, batch ID, or extension of the person you spoke the date you spoke and note the time when you spoke. I will let you know what to do if they provide wrong info. Post it as new thread
 
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