** AC-21 advise needed **

F

fast_gc_seeker

Registered Users (C)
My 140 is approved and RD of my 485 is 08/31/04

1) Could somebody please inform me on what date exactly I qualify for AC-21? can it be 03/01/05? [ > 180 days from 485 RD]

2) after 180 days of 485 there any risk at all to pending 485 if my employer asks USCIS for 140 revokation?
 
fast_gc_seeker said:
Could somebody please inform me on what date exactly I qualify for AC-21? can it be 03/01/05?
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If the I-140 is approved, then it's 180 days after the I-485 was filed.

2) after 180 days of 485 there any risk at all to pending 485 if my employer asks USCIS for 140 revokation?
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If you want no risk, commit suicide. At that point you will be guaranteed to be dead and there will be no more uncertainty in your life. Now, back to the real world..... You face two risks.

The first is that the employer will ask USCIS to revoke the I-140, and USCIS will ignore their own guidance and yank the I-485. This is very unlikely, but possible. At that point you just file an MTR and life is stressful, but the I-485 will survive.

The second is that the employer asks for the I-140 to be revoked, USCIS issues an NOID (as they should) and you cannot respond within 30 days, either through lack of a job or disorganized attorneys/paralgals. This is the more likely risk, but you can mitigate it by getting your documentation together in advance.

Both risks are low, but present. It is up to you to decide how much weight to assign to them.
 
TheRealCanadian said:
If the I-140 is approved, then it's 180 days after the I-485 was filed.
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Thanks canadian....Could you please let me know when 180 countdown starts? My 485 RD is 08/31/04..will it be 03/01/05?

I agree about risks you mentioned about 140 revokation.
 
fast_gc_seeker said:
Thanks canadian....Could you please let me know when 180 countdown starts? My 485 RD is 08/31/04..will it be 03/01/05?

I agree about risks you mentioned about 140 revokation.
Click to expand...
Try this in excel:
=DATE(2004,8,31)+180
 
gurus please advise

Like millions of others I'm also stuck in Priority Date Retrogression. I to intend to use AC-21 next month. For this I need old job description which I dont expect before end of March[FOIA sucks in VSC ]...

since my 485 is stuck in PDR can safely change jobs for time being and later when I get FOIA results submit the AC-21 letter? I dont expect EVL immediately on my 485 because of PDR, so whats ur take on this?
 
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