AC 21 Memorandum Released

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Here is one of the benefit that you get with AC 21...see the below (old) clip from immigration-law.com.

Updated 05/12/01: AC 21, 180-Day Rule, and DOS View

In a recent AILA-Visa Office DOS meeting, the DOS opined that the consulates could adjudicate the IV application "without requiring a new I-140 petition to be approved" if (1) the new job is in the same or similar occupational classification and (2) the IV applicant filed I-485 which remained unadjudicated for at least 180 days prior to the application for a visa.
This view is important in the two respects: The view was released in March, 2001 and apparently implies retroapplication of the 180-day rule, even if it was not made clear on this specific issue. Second, DOS would not require a new or amended I-140 in applying the 180-day rule.
Readers are cautioned, though, that this is not a memorandum or official policy release.
 
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The "without requiring a new I-140 petition" clause, does it apply for company merger cases too?

I got an RFE for an amended I-140 bec. my company merged with another company.
 
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It should apply to your case also...but check with the lawyer..

Other benefits...such as
-7th year H-1B extension
-180 day rule
-modification to per-country quota
 
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I think "the same or similar occupational classification" is the key issue.
How will INS recognize "the same or similar occupational classification"?

In past months, people kept talking about "change job after 180 days" as the benefit of AC21, but ignoring the risk that INS might deny your new job to be with "the same or similar occupational classification" as the old one.

Let\'s look at the contents of new memorandum soon.
 
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Hello..
for company merger.. if no 140 amend is not requiered,, what will be next procedure.. CSC will automatically process our case or there will any other procedure
 
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if RFE is not required, CSC will decide on your case. Most probably approve it.
 
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