As posted in the immigration-law the AC21 regulation has not been released and enacted. So how does switching to a similar job after 180 days (ND +180 or RD + 180 whichever it may be)considered to be allright if the there are no regulation for the law. Is it just that all of us have interpreted the law to suit our convinience and set up out own regualtions and following it or is there sonme legal aspect to it. Since the above mentioned website explictly states "AC 21 regulation has yet to be enacted and released".
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AC21 (180 day ) rule controversy
- Thread starter guts
- Start date
It\'s incorrect to say that AC21 hasn\'t been enacted; President Clinton signed it into law on Oct 1
in simple terms, the law states that you can switch employers if your AOS application has been pending for more than 180 days; people have made use of this clause successfully; but questions still remain such as whether one can switch jobs before 180 days are completed without affecting your LC and I-140. It\'s in these grey areas that the INS has to come out with guidance/clarifications.
in simple terms, the law states that you can switch employers if your AOS application has been pending for more than 180 days; people have made use of this clause successfully; but questions still remain such as whether one can switch jobs before 180 days are completed without affecting your LC and I-140. It\'s in these grey areas that the INS has to come out with guidance/clarifications.
No implementing regulations
AC21 says some things in apparently clear terms and other areas are ambiguous. Even apparently clear language in a statute does not necessarily indicate that the implementing regulations will say the same thing. There are several areas where the regulations say one thing but INS has adopted different standards. To REALLY KNOW what AC21 means, we need implementing regulations.
Jim
AC21 says some things in apparently clear terms and other areas are ambiguous. Even apparently clear language in a statute does not necessarily indicate that the implementing regulations will say the same thing. There are several areas where the regulations say one thing but INS has adopted different standards. To REALLY KNOW what AC21 means, we need implementing regulations.
Jim
The law is clear
consider following situations
a) Person changes jobs after 180 days of RD - no controversy here
b) person changes jobs before 180 days but case not adjudicated
- controversy because CSC interprets the law as person not allowed to change jobs - but all other NSC,TSC,VSC are approving cases
c) person changes job but difference in job title - Yes some people are creating controversy here because though the jod description is similar the job title has changed
It is very important that job title and description is similar
and this is a gray area
However if cases are denied then AILA will definitely appeal - though it does take time for such cases
If you go to Yahoo groups You will be asked to register and then can read all messages there
There are more than 700 messages there and a lot of people have been approved
http://groups.yahoo.com/group/180days
consider following situations
a) Person changes jobs after 180 days of RD - no controversy here
b) person changes jobs before 180 days but case not adjudicated
- controversy because CSC interprets the law as person not allowed to change jobs - but all other NSC,TSC,VSC are approving cases
c) person changes job but difference in job title - Yes some people are creating controversy here because though the jod description is similar the job title has changed
It is very important that job title and description is similar
and this is a gray area
However if cases are denied then AILA will definitely appeal - though it does take time for such cases
If you go to Yahoo groups You will be asked to register and then can read all messages there
There are more than 700 messages there and a lot of people have been approved
http://groups.yahoo.com/group/180days