Ac21

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GCvomit

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Do I need to file any document to INS when I want to use AC21?
If so, please let me know what the document is.

Thanks,
 
Originally posted by GCvomit
Do I need to file any document to INS when I want to use AC21?
If so, please let me know what the document is.

Thanks,
Click to expand...
You may need to send Employment verification letter from your new employer. To send AC-21 letter you have complete six months I-485 RD and your I-140 needs to approved. Read some post on AC-21 forum in I-485 section. It will help you understand the process
 
Please note 181 days count from the date of I-140 approval date. Not from 485 filling date.

Please make sure of this point before using AC21.
 
Originally posted by divakarap
Please note 181 days count from the date of I-140 approval date. Not from 485 filling date.

Please make sure of this point before using AC21.
Click to expand...
What makes you so sure about that? Was that a memo or something established that? As far as I know the portability (AKA AC21) and concurrent filing were introduced by different laws, and correlation between them is the gray area. By the letter of the law two conditions should be met - 1) I-140 approved, 2) I-485 is pending > 180 days.
 
Thanks for your replies, guys.

I had a chance to read thru relevant BCIS memo regarding 485 portability. It reads that 180 days rule starts I485 receipt date, not 140 approval date.
As far as submitting some kind of evidence showing chaged job is similar to the previous job, I noticed that it's not mandatory unless your I140 is withdrawn or you receive Notice of intent to deny the pending I485.

Any opinion?
 
Hi Karaya,

I am also looking for this point to be cleared. When i talk to one of my friend, he highlighted this point, because he found some queries at the end of 485 processing.

AC21 Portability stating that only 180 days from 485 filling. But my friend saying simple filling 485 don’t matter to INS, because INS didn't work on your 485 till your 140 is approved. In some cases INS questioned that, where you have given chance to work on your 485? You changed the employer with in 180 days. So your intensions are wrong from the beginning.

This is total gray area.
 
The memo clearly indicate that the 180 rules starts from the receipt date of I 485, and we assume that the condition to use AC21 is approval of I140 because the memo implies that AC21 is about the situation where 140 approval and 485 pending.
And INS processes I485 from time to time regardless of 140 approval. When you are done with FP, the message said that the process is resumed. I guess whatever happens to your job, they will process 140 and 485 unless they issue RFE or your sponsor try to withdraw and cancel your case.
 
Hi GCvomit,

Yes you are correct, but still i am not clear one point. AC21 Portability stating that only 180 days from 485 filling & I-140 approval. It is purely on interpretation of the processing officer. If the officer is so strict, he may interpretate it from the date of I-140 approval. Is it not?

My 485 Current status showing as....

Current Status:

Your I485 Application to Register Permanent Residence or to Adjust Status was received on December 03, 2003. We mailed you a receipt with information about processing. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

This message didn't confirm process has been started.
 
AS far as I know, ther was no follow up memo regarding AC21 for concurrent filer. Until there is a follow up memo, I think it's fair to stick to the word on current available memo in which shows the receipt date of I485 without any interpretation.

Once you are done with FP, your message will be changed. Mine is changed from yours to something different. And when I check my update date for I 485, It has been changed since I filed it.
 
Originally posted by divakarap
Hi GCvomit,

Yes you are correct, but still i am not clear one point. AC21 Portability stating that only 180 days from 485 filling & I-140 approval. It is purely on interpretation of the processing officer. If the officer is so strict, he may interpretate it from the date of I-140 approval. Is it not?

My 485 Current status showing as....

Current Status:

Your I485 Application to Register Permanent Residence or to Adjust Status was received on December 03, 2003. We mailed you a receipt with information about processing. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

This message didn't confirm process has been started.
Click to expand...

They are not talking about whether the processing is started or not. All they are interested in your RD of I-485. The day on which your case is enterd to their system work is started.

August 8- 2003 Memo is very clear about this. There are lot of people who got their approval. Infact i informed BCIS about change of job just after one month of getting I-140 approval.
 
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