AC-21 with interview...

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Mikhail

Registered Users (C)
Folks who have used the AC-21 clause AND have been interviewed, please respond with your experiences. Specifically, could you recommend an experienced attorney in the NY/NJ area.

I have been waiting for approval since Jul \'01 cases are being approved but now I am seriously re-thinking as I have a splendid opportunity and am wondering if I should take it up.

If a similar thread exists elsewhere, please point me to it...
 
Mikhail, can you give more info as to what is AC21 clause/

please provide any links to websites which explain this clause. Is this clause used when transferring from one company to another?
 
AC 21

Yes, it is used when changing employers provided
1)one\'s 485 application has been unadjudicated for more than 180 days.
2) the new job must be the same as, or similar to, the job described in the labor certification and I-140 petition.

http://www.murthy.com/UDac21qa.html
offers very comprehensive information on that subject.
 
Is the 180 days taken from RD or ND ???

I know there has been lot of discussion on the subject but still I am unclear about this fact whether the 180 days are from RD or ND ?? I have crossed 180 days from my RD but not from ND. I also want to change my job since for last 4 months my company has not been able to find any project for me. I recently applied for my EAD which I expect to come soon.
 
Please respond if anyone has changed their jobs under the new rule

If any of you have changed jobs after completing 180 days from RD please post your experiences. Did you get any REF and if so what type and how did you handle it ??
 
I changed my job 182 days(from RD) after applying for 485.

My ND was 2 months later. So you can change jobs 180 of RD. My case was approved last month.
My new job title is different but the job description is the same. Had no problems. I mean no RFE with respect to Employment. Another of my colleague, same case got approved too. This is no legal advise but if you have a good opportunity you can definitely loom into it.

Good Luck.
AshVSC
 
Arguments

AshVSC, could you please provide some convincing and compelling arguments that helped you decide at that time that you could legally switch jobs without jeopardizing your GC process, eg., websites, discussion with an attorney (if yes, who?)
 
there is a yahoo group

i think it is yahoo180days or something like that. if u do a search on this site, it should comeup. Also according to my lawyer its 180 days from RD, and it should be no problem, just a form with an explaination of job description etc. to INS.
 
I was working for a consulting comp.

My client was pressing me to join and when the 180 day rule was passed, client lawyer said I could join 180 days after RD. I wasn\'t very sure since I didn\'t want to jeopardized my GC process after waiting for over 3 yrs.

Possibilty of client not extending my contract was pretty high and I would have been on bench. Spoke to my manager(client) frankly about my predicament about what if my consultant company decides to withdram my GC or create some other problem. Manager spoke to my personal manager and they agreed on my transfer and assured me that if my GC would be taken care of. If any problem came up, the consultant company would inform me and try to take care of it. Luckily they did. I did get a RFE for medicals and my new lawyers took care of it because I had signed the G28(I think) form.

Can\'t say I wasn\'t tensed until the approval. But infortunately I didn\'t have much choice w.r.t changing jobs. I would have been laidoff anyway.

Most immigration lawyers are very familiar with the 180 rules. Just make sure you have the job description same. Would be better to retain the same lawyers if you can. Even if you have to pay a token fee to retain them. Always better to leave your old company on amicable terms.

I don\'t know of any immigration lawyers because I used the company guys. But if it makes you feel better, consult one before taking a decision.

Good Luck.
 
AshVSC - could you please tell what was your job title before and then

what was it in your new job. Please don\'t mind. This info would be helpful for the members.
 
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