AC21 Guidance posted in one more attorney\'s website

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thanks, this must make it genuine, btw these are the guys who are processing my application !!
 
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Hi cwait,
   Somebody in the other thread raised the doubt about the authentication of the post that was in Ron\'s site. Ron is a reputed and helpful lawyer. This will clear their doubt.

    Good luck.
 
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This is fragment which is of interest.
"In the same cable, consuls were directed pursuant to AC-21 that immigrant visas may be issued to persons whose I-485 adjustment of status application remained unadjudicated for over 180 days, even if a change in employers occurred. AC-21 provides that individuals need not go to work for the employer who initially petitioned for permanent residence if the application for adjustment has been pending for 180 days. An applicant should present the consul with both the I-797 approval notice and a receipt from the adjustment of status application, in order that the consul can calculate whether the 180-day condition has been met. Despite the change in employers, no new I-140 or labor certification is necessary, as long as the applicant for the immigrant visa can establish that the new employment is substantially similar to the petitioned-for employment.
."

If you read the above carefully, all it says is that the I485
petition should be pending for 180 days. That would seem to be
the 180 day condition. NOT whether you changed employers or got
laid off before or after 180 days.
Your comments!
 
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This is fragment which is of interest.
"In the same cable, consuls were directed pursuant to AC-21 that immigrant visas may be issued to persons whose I-485 adjustment of status application remained unadjudicated for over 180 days, even if a change in employers occurred. AC-21 provides that individuals need not go to work for the employer who initially petitioned for permanent residence if the application for adjustment has been pending for 180 days. An applicant should present the consul with both the I-797 approval notice and a receipt from the adjustment of status application, in order that the consul can calculate whether the 180-day condition has been met. Despite the change in employers, no new I-140 or labor certification is necessary, as long as the applicant for the immigrant visa can establish that the new employment is substantially similar to the petitioned-for employment.
."

If you read the above carefully, all it says is that the I485
petition should be pending for 180 days. That would seem to be
the 180 day condition. NOT whether you changed employers or got
laid off before or after 180 days.
Your comments!
 
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many were predicting that is the only condition. Your I-485 should be pending for more than 180 days. The law also mentions that only as the condition. So when you changed job is irrelevent. Your only problem is if INS adjudicates I-185 in less than 180 days which happens only with CSC or aliens in another galaxy! So most of the job changers should be okay.

What bothers me is that INS is in no mood to issue similar guidelines to field offces. So we are still hostages to INS whims.
 
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Friends,

Let us not forget that this guidance is only for consular posts (to do consular processing) For VSC to implement the above they need similar instructions from
INS HQ / INS Commissioner. I hope INS follows the lead set by the Dept Of State.
I really respect and admire the Secretary of State Gen Powell for professionalism
 
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I agree with your observation. The DOS seems to be much more on top of things than INS. Considering the fact that DOS handles so many more issues related to diplomacy, and other highly pressing issues, I think they have a better perspective of things, plan ahead, and of course have a bunch of highly professional folks. But as you pointed out it takes the commitment of the leadership of Gen Powell to finally make things happen in a timely fashion. I hope INS will soon emulate this.
 
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Can any one confirm for sure that change of employment can take place in a different state also? If this is true that what will happen to the previous labor certification because labor certification is always valid for a particular State only?

Any ideas?
 
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Then what does it mean by I-797 approval notice?
Do you get approval notices for Consular processing?
 
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Read this fragment.
"AC-21 provides that individuals need not go to work for the employer who initially petitioned for permanent residence if the application for adjustment has been pending for 180 days. "

AC-21 if for evrybody whether AOS or consular. The same
law should apply!
 
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What is this mean? Any one got it?
Read the last part of the cable which DOS sent to INS offices.

"An applicant should present the consul with both the I-797 approval notice and a receipt from the adjustment of status application, in order that the consul can calculate whether the 180-day condition has been met. Despite the change in employers, no new I-140 or labor certification is necessary, as long as the applicant for the immigrant visa can establish that the new employment is substantially similar to the petitioned-for employment"

What it means I-797 (H1B) approval notice? If we change job after 180 days and if we are working on EAD then we won\'t be having any H1B approval notice, that means we need to get new H1B from new employer if we are not finished 6 years????

Can any one explain this?
 
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If some one opts for Consular processing presumbly they don\'t have EAD hence consular posts expects the person to be on H1B. Even one had completed 6 years INS will extend their status beyond six years but Consular posts do not issue a visa for that extension period. If u have opted for CP obviously you should have H1B to change jobs beyond 180 days!!. Hope this helps
 
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Check this site.

http://www.isn.org/news/20010613084241.html

So the guidence has been released.

I donot understand why INS will not follow the meno. Becuase ir is part of DOS.

Can sombody shed light on this

  If you change employer and if you get a RFE requesting for Current employemnet letter+ 3 pays tubs. What new employer has to do. Simply give the employemet letter or he need to some supporting doc also.

Thanks,.
 
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INS is an agency of the Department of Justice, but works with other departments (including state, HHS etc). I am sure they will pass the guidelines based on the ones passed by the DOS, it is only a matter of time.
 
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