****AC21 law discussion

More complication

The most important thing is to find out why the 485 was denied. If denied on fraud/similar ineligibility ground, there is some argument that your status may be invalid retroactively. That can be a big bear of a problem.

If the grounds are merely formal, such as missed RFE, the 485 can be reinstated or refiled depending upon other factors.

You can get back on H-1 ONLY if there is no substantive problem such as fraud, 3-10 bar etc.

This is not a simple answer. There cannot be one.
 
rjngh2000 and rsrgc - looking for your help...

Is a person out of status if I-485 has been filed, have EAD & AP and decides to leave the sponsoring company before 180 days to look for new job? How long can one be job searching? Thanks - please help.
 
I think the best option would be...

to tell the potential employers that you have EAD that you can use to join the company and once you are in, you can then have either them file H-1B for you or you can yourself sponsor your visa. after all its just $1000 that is making your life easier.

i know this would be a lie but in this market where no one looks at
H-1B applicants, i don\'t know what other option do you have...
 
if employer withdraws support after 180 days ? - copied from murthy chat

Chat User : What will happen if employer sends a letter to INS stating that they are withdrawing the support for I-485? Already past 180 days since RD & ND. What needs to be done?

Attorney Murthy : This is a good question. This issue has not yet been clarified and is definitely going to be a "hot" issue. Under AC21 the employer should no longer have the legal right to withdraw the underlying I-140 petition. We have seen the INS take the position that the person loses the GC and denies the I-485 but I think it
should be challenged with the INS in a Motion to Reconsider / Reopen or an Appeal. This is certain to be an issue that we will be closely monitoring and aggressively pursuing. We will provide information in the MurthyBulletin as this issue unfolds.
 
can employer withdraw case?

So finally employer can withdraw case after 180 days of filing or not?
 can employer hamper your case in any way if one leaves or has any issue with the company? Can anyone make any final comment on this?
 
Why is it?

Can anybody explain why it is:
"VSC/TSC/NSC has the following stand. Candidates who have changed jobs before 180 days and are adjudicated after 180 days are approved."

Question 2:
When was AV21 effective?

Thanks!
 
fuji

your details please
md - mailing date
rd - receipt date
nd - notice date
wac no - wac number (please ommit the last four digits)
ap - advance parole document date
ead - employment authorization date
fp sch - fingerprint schedule date
fp done - fingerprint done date
fp location - fingerprint location
country
eb category
current avm message
priority date
 
reply

we are not aware why vsc/tsc/nsc have a different stand compared to CSC but I have heard that AILA is going to challenge all such cases which are being denied
by CSC

Not sure when AC21 became effective
 
Changing Jobs More Than Once

What happens under AC21 if you change jobs once after 180 days, then change again? My impression is it should not matter, but just wondering if anyone knows about this...

Thanks!
 
AC21 new info on murthychat

Chat User : What are chances of approval for I-485 if laid-off occurs before 180 days
(everything else being perfect)? Have you had any success in these type of cases?

Attorney Murthy : We have had plenty such cases and most local INS offices are approving
them. Some are apparently informing the foreign national that s/he needs to wait for
the AC21 regulations to be published before they will adjudicate those cases if they
have been sent to the local INS office for an interview.

---------------
I remember one discussion earlier on isn.org about a person who went for interview and the officer refused to give him approval saying that he was keeping the case on hold because final ac21 guidelines had not been issued.

Murthy is saying exactly the same thing that this is being done by some of the officers at the time of interview
 
my points.

from what I have studied.
1. After you I485 filed and INS received the fee(receipt notice), the previous company has no way to revoke the application.
2. After 180 days, if the I-485 is not adjudicated, you are free to change to a new employer.
3. Based on #2, after you receive green card, there is no reason that you can not switch to a new employer immediately.
4. here is the link you can have a lot info about 180 days.
http://groups.yahoo.com/group/180days/
 
Question

What does 1-485 not adjudicated mean ? Does this mean approval ?
What if the FP notice has been recieved before 180 days ?

Thanks.
 
I-485 not adjudicated means

that when ur papers are filed for I-485 and a decision (no approval or denial) has not been taken (not been adjudicated)

It is just a technical term for meaning that no final decision has been taken

The date a fp notice was mailed or the date of rfe (if any) have no connection with the phrase \'adjudication\'
 
No Title

Thanks for the clarification.
Anybody aware of any changes in implementation of this law given recent developments in INS ?
What is the risk level in doing this ? My current employer is pushing the definiton of slavery to new levels.
I dont know how much longer I can take it.
 
180 day cases on hold !!!!

Just read in isn.org that ins is not approving any 180 day cases till they get the final regulation. One guy went for the interview and the iio didnot approve his case, kept it on hold till they get the final thing.
 
Rband

It is much better to be clean and without problems
Hope u can stick it out

Life is the same with another employer.

Grass is not greener on the other side - It is the same
 
a lot of people are getting approved after 180 days

This is one rare case where the Officer put the case on hold
 
RFE

A person can switch jobs after 180 days provided case not adjudicated. - I understand that.

2 Questions:

1. What if you get a RFE and have replied to it but case not yet approved? Can I change jobs after getting RFE if 180 days have passed?

2. What if the case is transferred to local office for interview (delay of another few months). Can I change jobs after case transferred to local office if 180 days have passed.

Thanks
 
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