AC21 Rule of counting 180 days

[saffronizeddesi]

Gurus,
I am a regular reader of this forum and need a suggestion from most senior memebers of the forum. I got a job offer(full time) from the client I currently work for. I filed my 140/485 concurrently on 23rd Aug 2004 and got 140 approval on 11/01/2004. My attorney is advising me to join the client only after 180 days starting from the day my 140 approved. Is it true that I am not eligible to use AC21 even my 485 is filed >180 days and 140 approved 127 days back or my attorney is being too cautious?

I really appreciate your response.

140/485/concurrent/EB3 ND:Aug'23
140 Approved: 11/01/2004
EAD/AP Approved: 10/01/2004
FP results Received by CIS: 03/08/2005

 

[maryrose]

Your Attorney is wrong. According to my knowledge AC21 rule is your I-140 must be approved and at the same time you also have to complete 180 days after filing I-485(not after approving I-140).My friend changed his job using AC21 counting the 180 days of his I-485 after his filing.

 

[gc_ssr]

maryrose is correct. the rule for AC21 is that, when your application for AOS (485) is not adjudicated with in 180 days, you can use AC21. t doesn't matter as long as your 140 is approved.

 

[saffronizeddesi]

Thank you

maryrose is correct. the rule for AC21 is that, when your application for AOS (485) is not adjudicated with in 180 days, you can use AC21. t doesn't matter as long as your 140 is approved.

Thank you maryrose and gc_ssr for your response!

 

[Nicejoe]

Count 180 days from the received date on your I-485 receipt, not the notice date of your I-485.

 

[neocor]

Count 180 days from the received date on your I-485 receipt, not the notice date of your I-485.

Well that is an important inforamtion, good to know that especially if you are cutting close to the exact 180 days.
There can be a difference of almost 2 weeks between receipt and the notice date. In order to be safer I guess people will tend to go with the notice date.

 

[fast_gc_seeker]

Count 180 days from the received date on your I-485 receipt, not the notice date of your I-485.

correct + 140 must be approved + job must be in same or similar.

 

[vin_gc]

AC21 filing with USCIS....When?

If all the conditions are met like I140 is approved, I485 ND/RD >180 days and job is same/similar, then if AC21 needs to used, when it should be filed with USCIS or not informing USCIS about job change at all unless asked for by USCIS. In one of the threads on this forum I have read that AC21 law does not need proactive filing. Also, if one needs to inform when it should be done? Like inform USCIS then change the employer or change the employer, have few pay stubs and then use AC21. Gurus please shed some light on it. Lot of people are still confused about this law.
Thnx

 

[newkidhere]

Look at Point 5 in the attached PDF. That explains a new attitude of Service Centers. We also have seen couple of guys got their I-485 adjudicated though they were withdrawn by the employers:

 

[kriskish]

Look at Point 5 in the attached PDF. That explains a new attitude of Service Centers. We also have seen couple of guys got their I-485 adjudicated though they were withdrawn by the employers:

That means can I join a company WITHOUT 140 APPROVAL and 180 days passed on 485 ? Please shed me some light.. I am really desperate?
Thanks
KK

 

[murthytvsn]

Here is attachment what USCIS says go Thru this

 

[kriskish]

Here is attachment what USCIS says go Thru this

This attachment is from 2003 August. I know this memo is stating that 140 should be approved + 485 should pending for 180 days. But i am in a situation i have to take some risk after 180th day. As per the previous attachment we "MAY" use the portability even 140 is not approved also that attachment is was published in August 2004. It says there is no memo out on that.. but we "MAY" use the portability.
Thanks
KK

 

[TheRealCanadian]

As per the previous attachment we "MAY" use the portability even 140 is not approved also that attachment is was published in August 2004. It says there is no memo out on that.. but we "MAY" use the portability.

According to the speculation of AILA and a law firm - NOT USCIS. The fact that no memorandum has been drafted since that idle speculation came out should give you a clue how inaccurate it was.

 

[murthytvsn]

here is the link to USCIS memos

http://uscis.gov/graphics/lawsregs/handbook/chronpol.htm

AC21 I140 is under August 2003




August 2003

Continuing Validity of Form I-140 Petition in accordance with Section 106(c) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21)
08/04/03 William R. Yates /s/ Janis Sposato HQUSCIS (Services/Forms, H-1)

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf