AC21 Portability between Regional Centers

C

czlayoun

Registered Users (C)
Hi guys,

I would like to see if any fellow I-485ers has used AC21 to move between companies in different Service Centers. Some lawyers (Assumably immigration lawyers, but that's a discussions for another day) have argued with me that since the LC has been approved for a specific regional labor market, the AC21 applies only within the regional center where the LC and I-140 have been adjudicated. This does not make any sense, since the spirit of the law is to increase flexibility (American Competitiveness in the 21 Century). I would like to hear from anybody that has/had similar experience.

Also would like to know if the transfer to Vermont from Texas adversely impact where I stand in the queue (RD is 11/2002), would it the case more?

Thanks
 
czlayoun said:
Hi guys,

I would like to see if any fellow I-485ers has used AC21 to move between companies in different Service Centers. Some lawyers (Assumably immigration lawyers, but that's a discussions for another day) have argued with me that since the LC has been approved for a specific regional labor market, the AC21 applies only within the regional center where the LC and I-140 have been adjudicated.
----that is wrong, let your lawyer read the august 2003 AC21 Memo

This does not make any sense, since the spirit of the law is to increase flexibility (American Competitiveness in the 21 Century). I would like to hear from anybody that has/had similar experience.
------- your lawyer is wrong
Also would like to know if the transfer to Vermont from Texas adversely impact where I stand in the queue (RD is 11/2002), would it the case more?
-------- No need to request I-485 transfer just update USCIS your new addresss on pending I-485.
when you move you need to do:
1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter so that you get Pingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application)
*** do the all 1,2,3
Thanks
Click to expand...
 
Ginnu,

I have read that same memo and used it to convince them. I understand that AC21 is fairly new and wide to interpretation but for lawyers to offer such misleading directive is a stretch??!!!
Can you recommend a good lawyer in the Baltimore area. I have interviewed a couple of them? They all did not seem up to speed on AC21 (see my initial posting). They all said that we need to transfer the case to VSC from TSC and that transfer will dramatically delay the case. And finally, no lawyer has presented me with the option to do nothing (not inform BCIS) and then eventually if RFE is issued provide with info about new job (new company is multibillion company same is first company)..
Thanks in advance
 
I'm going to offer a cautionary tale to ginnu's post. USCIS's interpretation of AC21 has been very flexible thus far, and I haven't heard of cases where changes from the LC location or wages were contested by USCIS, with one exception.

However, if USCIS were to come forward with the interpretation that AC21 allows a switch in employer but not in terms of the other LC conditions such as location and prevailing wage, I think this would be a reasonable interpretation to make and not likely to be overturned. Let me emphasize that to this date USCIS has not done so, and by every action shows no signs of doing so. However, stuff changes and I believe that such a change in their interpretation would survive a legal challenge.

It's been a while since I looked at the recent Bill Yates AC21 memorandum, but everything I've seen thus far has been very silent on the subject. Many attorneys will be very conservative, and I think a switch using AC21 to a different Service Center should be OK. I myself am doing so, but my LC covers the entire US and is not location-specific.
 
czlayoun said:
Ginnu,

I have read that same memo and used it to convince them. I understand that AC21 is fairly new and wide to interpretation but for lawyers to offer such misleading directive is a stretch??!!!
Can you recommend a good lawyer in the Baltimore area.
------Sheela Murthy (www.murthy.com) or our host Rajiv Khanna
I have interviewed a couple of them? They all did not seem up to speed on AC21 (see my initial posting). They all said that we need to transfer the case to VSC from TSC and that transfer will dramatically delay the case. And finally, no lawyer has presented me with the option to do nothing (not inform BCIS) and then eventually if RFE is issued provide with info about new job (new company is multibillion company same is first company)..
Thanks in advance
Click to expand...
 
Does anybody know if we should request a case transfer to VSC from TSC or should we keep it at TSC (not to complicate things further)?
 
czlayoun said:
Does anybody know if we should request a case transfer to VSC from TSC or should we keep it at TSC (not to complicate things further)?
Click to expand...
----Let it be where it is, dont request transfer it will delay the case and they are expert in misplassing files. file your EAd extions or AP applications where your I-485 is pending.
 
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