AC21 Beware

V

vijji241

Registered Users (C)
Hello Guys!


One important I came know about the processing dates. As everyone is aware
about AC21 rule i.e., ability to switch jobs after 180 days of applying I-485,
please make sure 180 days are excluding saturadays/sundays and all other
holidays.

This applies for all the processing dates. I came know when I went to
local INS office at Albany
 
I am not sure if this is true. All BCIS days are calendar days. The AC21 rules/notifications etc don't state otherwise.
 
vijji241 said:
Hello Guys!


One important I came know about the processing dates. As everyone is aware
about AC21 rule i.e., ability to switch jobs after 180 days of applying I-485,
please make sure 180 days are excluding saturadays/sundays and all other
holidays.

This applies for all the processing dates. I came know when I went to
local INS office at Albany
Click to expand...
Where did you get this from? sb_tiger is right.
 
I think all USCIS days are business days. If you go to the dol website, they clearly state how to calculate your estimated times based on published times and all these times are business days (and not calendar days). The same is given on www.immigration.com also in the Labor processing Times section. Some USCIS offices follow this routine and allow interim EAD also after 104 calendar days (which works out to 90 business days for them - please search for one of my posts and you will find an explanation for this).

I would suggest that to be on the safe end use 180 business days.
USCIS works Monday thru Saturday, so count 6 days for every week. By that metrics 180 days will come to about 30 weeks i.e. about 8 calendar months (counting some holidays that they would have had in between).
 
well i asked my lawyer about this explicitly and he said it is not business days but calendar days i don't know why you are making these assumptions??


Added later

btw i got my Iead after 90 calendar days(actually on 95 th day). May be the Officer at Albany didn't have proper understanding of the day limit.
 
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I have reason to believe that it's calendar days. My 3rd EAD RD was Dec 10, 2003. I went for iEAD on March 12, 2004 and they issued it to me without any hassle.
 
business days ???

there are couple of as****** at local ins office. When i went to renew my 3rd EAD at chicago, one FAT Bi*** refused to give me a FORM & said u are within 90 days, we count business days not calender days. :mad:

I said my attorney told me, its calender days & if you want i can again talk to him, then she gave me the form and said office won't give u ead. I said ok let me try.

Office didn't asked any question & issued me an EAD.

so, guys relax!!!!

If someone tells u the same, tell them to give u in writing.... :D
 
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Give me

cat&mouse said:
there are couple of as****** at local ins office. When i went to renew my 3rd EAD at chicago, one FAT Bi*** refused to give me a FORM & said u are within 90 days, we count business days not calender days. :mad:

I said my attorney told me, its calender days & if you want i can again talk to him, then she gave me the form and said office won't give u ead. I said ok let me try.

Office didn't asked any question & issued me an EAD.

so, guys relax!!!!

If someone tells u the same, tell them to give u in writing.... :D
Click to expand...
Give me in writing ... cat&mouse ;) :p
 
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cat&mouse said:
there are couple of as****** at local ins office. When i went to renew my 3rd EAD at chicago, one FAT Bi*** refused to give me a FORM & said u are within 90 days, we count business days not calender days. :mad:

I said my attorney told me, its calender days & if you want i can again talk to him, then she gave me the form and said office won't give u ead. I said ok let me try.

Office didn't asked any question & issued me an EAD

so, guys relax!!!!.
Click to expand...

I wish everybody is like you..(not taking sh** from ppl)

cat&mouse said:
If someone tells u the same, tell them to give u in writing.... :D
Click to expand...

Good one . folks remember this :)
 
Eligibility of applying citizenship after five years. Do you want to say that is also in business day? I know one guy who applied for citizenship (and got it) just after five calender years of his GC approval.

vijji241 said:
Hello Guys!


One important I came know about the processing dates. As everyone is aware
about AC21 rule i.e., ability to switch jobs after 180 days of applying I-485,
please make sure 180 days are excluding saturadays/sundays and all other
holidays.

This applies for all the processing dates. I came know when I went to
local INS office at Albany
Click to expand...
 
Change the Subject Line

I would strongly suggest vijji241 to modify the subject line by taking off the 'beware' word pls.
It really scares people.. atleast me!
In my case, I went to the local INS for IEAD on the 89th day and completed the application form and got the IEAD on the 90th day(of course calendar days).
RD: Jan 2003.
FP: Mar 2003.


vijji241 said:
Hello Guys!


One important I came know about the processing dates. As everyone is aware
about AC21 rule i.e., ability to switch jobs after 180 days of applying I-485,
please make sure 180 days are excluding saturadays/sundays and all other
holidays.

This applies for all the processing dates. I came know when I went to
local INS office at Albany
Click to expand...
 
This question was raised from some one long before. So at that time I asked the attorney. He told me there is some law in US. It says that whenever some agreement or law is written with ambiguities the benefit of doubt always goes against writing party. Here law does not say what kind of days so for all practical purposes it should be taken as regular days. Otherwise INS would have mentioned it as business days.
 
For AC21, or for most USCIS matters, it is the calender days. By usual business norm, anything that is "business days" will be explicitly stated. "Calender days" is always implicit.

Bottom line, if you dont see the wordings "business days" explicitly, it means "calender days".
 
vijji241 said:
Hello Guys!


One important I came know about the processing dates. As everyone is aware
about AC21 rule i.e., ability to switch jobs after 180 days of applying I-485,
please make sure 180 days are excluding saturadays/sundays and all other
holidays.

This applies for all the processing dates. I came know when I went to
local INS office at Albany
Click to expand...

Refer the following I found in the AC21 FAQ on murthy.com:

Question 1 : Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? TOP

Based upon the wording of the law and the INS interpretation of AC21, the 180 days should be counted from the date the INS receives the filing at one of its Service Centers. This is not the notice date, which reflects the several days or weeks the INS takes to issue the Receipt Notice. The 180 days are calendar days, not business days.
 
Ac21

Looks kalki007 changed job under AC21, may be he is worried. Don't worry some A#$#@#$
in INS office gave me this info.
 
AC21 is the root cause of this mess

Ever since this came into effect..the whole system has slowed down. And this is understandable, what with people applying for EADs, APs, EAD renewals, AP renewals- and all this compounded by RFEs. Where in the world would these inefficient IIO's get the time to look at 485s.
Gone are the good old days of working on H1B till GC.

EAD, AP should be available only to those who have exceeded the H1B validity limit.

Does anyone remember the backlog periods before AC 21 came into effect? I believe it was 6 -10 months.
 
Slow down man ! are you getting frustrated with people on AC21 ??! If that was the case, i dont understand why do you have 2 EADs under your belt.?!
 
No I am not frustrated

It is just that I believe the benefits from using AC21 have led us into this situation...no hard feelings against anyone here.

I too would have used AC21 had I been in a situation that warranted use of it.
So no complaints against AC21. On the contrary I believe it is good for us..but it comes at a price and we are paying that price.
 
EAD2003 said:
It is just that I believe the benefits from using AC21 have led us into this situation...no hard feelings against anyone here.

I too would have used AC21 had I been in a situation that warranted use of it.
So no complaints against AC21. On the contrary I believe it is good for us..but it comes at a price and we are paying that price.
Click to expand...

AC-21 was brought to give the relief to the applicant in case of delays. If they are not delaying the adjudication for more then six months no AC-21.
 
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