AC21 memo details

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does it say anywhere whether the 180-day rule applies retro-actively?
Thanks!
 
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YES it does....it doesn\'t use the word "retro-active" but says "October 17, 2000"

Thanks
 
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Does any one display their talent in reading and analysing the memo, about the 6 months rule? Does the employee has to report to the INS about the change of job? What are the other documents to be sent along with this letter?
 
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I have read the text of the memo in its entirety. Unfortunately, this memo does not address some of the key issues of the 180-day rule.

(1) The memo does not say whether the rule will be applied retroactively.
(2) The memo avoids the question "what if the original sponsoring employer withdraws the certification or Form I-140."
(3) The memo states that "the Service is currently formulating proposed regulations to establish a policy framework in which to adjudicate AC21 $106(c) benefits." In other words, we shall wait for the final regulations.

The law itself is so vague that you can really interpret it in either way. I guess it\'s too early to celebrate. There is little new information regarding AC21 $106(c) except that we know that our I-485 will not be denied on the basis that we have changed our job after 180 days. However, whether the application will be approved is another question.

Nevertheless, the memo does address many other important issues related to H1-B. Also, it looks that the regulation is favorable towards those who jumpped ship relying upon the 180-day rule.

Of course, I am eager to see the professional analyses from major immigration portals.
 
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A layman myself, i interpret this to be very favorable for those who are affected by the 180-day rule. It seems to be very positive. Just make sure when changing job that job title stays on same job classification as defined by DOL.
 
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Guys,

Anybody has any comments on how this memo affects people whose 140 and 485
have different employer\'s name ?

Thanks
 
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What kind of info would they need about the new company (the applicant joined), other than the employment letter.
This is important as I can always open a shop my self and issue a letter. Any Clues???
 
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