After Murthy's chat session. I spoked to her

R

reach_honey

Registered Users (C)
Hi everybody,
AFter y'day busy day for hearing everything about those chat session. I'm the client of Ms. Murthy and spoked to her finally today.
And I'm happy to inform you that this is regardin AC21 rule.And does not mean that everybody(i 485) would get approved after 180 days.
The person who is filed 485 and has been more than 180 days & in case their I-140 is revoked then they should able to changed jobs under AC21 rule with "SAME OR SIMILAR" job description.
As previously there were cased where 485 was denied on this.

This is all based on the memo which was written by "Efren Hernandez III"(she is Director , Busniess & Trade Services) which is released to AILA.
So all lawyers who are affilated to AILA can used that and would be aware of that.
Let me know anything you want to know
Thanks,
Honey,

PS: I'm not a lawyer. This is based on what I talked with Ms. Murthy. Consult with your attorney first.
 
Well, this puts an end to all the speculation yesterday doesn't it? And yea as expected, it did turn out to be AC21 related .. sigghhh !!
 
claritication

dengdeng,
The memo would be release by Efren coming these week as per murthy said. she told me that when government terms one week you know it might go to 1-2 months as well.
The memo I was referring was , it was given previously to one attorney which she relased to AILA now. And that memo would come out to all officers thru Efren.

HTH,

PS: I'm not lawyer, consult one before takind decisions
 
the critical part is you still need a JOB!!

Since RFE;s are becoming the norm, the most important part of getting 485 approved is to have a job and to be able to provide with EVL/paystubs/similar job description to the INS....I think the fact that an employer is unable to mess up the 485 after 180 days of i-140 approval and 485 pending is really good..but what is the use of that if you cant respond to an RFE due to lack of a job?
 
When does the 180 days start

I applied 485 concurrently in August 2002 , and my 140 was approved on June15th 2003. My 485 is still pending

So as per the AC21 will my 485 will be 11 months old or should i count from my 140 approval.

Any information is appreciated.
 
jagan0007,

As far as I remember, in Aug. 2002, concurrent filing had not started yet, right?

Thanks,

-xy
 
It is counted from the day your 140 was approved in the case of concurrent filings. I remember Murthy clarifying this in one of her chat sessions.
 
Originally posted by digdugxy
jagan0007,

As far as I remember, in Aug. 2002, concurrent filing had not started yet, right?

Thanks,

-xy
Click to expand...

digdugxy,
you are wrong. concurrent filing regulation was published during last week of July 2002 and it was effective since August 2002.
 
digdugxy,

concurrent filing started in aug 2002.

jagan0007,

i have read on this immigration portal a few times that since ac21 memo is unclear about concurrent filing, you should count 180 days from your approval of i-140
 
REGARDING CONCURRENT DATE

Even I read on one of chat session that you should count your date from approval of I-140 if it is concurrent filing.
 
AC21 does not implicate I140 in its ruling. Reference is been made to 485 only.

The way I read it is that prior to reaching the 6 months wait period from the date of filing 485, you would have got the 140 approval. Again there is no stated ruling within AC21. But this would be the most conservative approach. This approach would be based on a status quo principle prior to the introduction of AC21. Because in order for a candidate to clear 485 prior to the AC21 ruling, it was imperative to have 140 approved.

Lot of candidates used AC21 just as it was introduced and I am sure there were at least a handful whose 485 was pending for at least 6 months but not 6 months from 140 approval.

Going by the postings that I see on this thread, then the AC21 ruling should read "6 months from the date of filing for 485 or 6 months from the date of 140 approval whichever comes later".

Since AC21 was introduced way before the concurrent filing, I would still work with the fact that Para 2 of my response would prevail.

I hope to see more reaction to my message.
 
AC21 does not implicate I140 in its ruling. Reference is been made to 485 only.

The way I read it is that prior to reaching the 6 months wait period from the date of filing 485, you would have got the 140 approval. Again there is no stated ruling within AC21. But this would be the most conservative approach. This approach would be based on a status quo principle prior to the introduction of AC21. Because in order for a candidate to clear 485 prior to the AC21 ruling, it was imperative to have 140 approved.

Lot of candidates used AC21 just as it was introduced and I am sure there were at least a handful whose 485 was pending for at least 6 months but not 6 months from 140 approval.

Going by the postings that I see on this thread, then the AC21 ruling should read "6 months from the date of filing for 485 or 6 months from the date of 140 approval whichever comes later".

Since AC21 was introduced way before the concurrent filing, I would still work with the fact that Para 2 of my response would prevail.

I hope to see more reaction to my message.
 
What about leaving the first job before 180 days

Does the new memo help in this case? Or is it still debate as weither you stay for 180 days with the first employer OR the I485 is pending for 180 days? Please advise
 
Similar job for AC21 ??

What we mean by similar job. How can we get details about the job description that was filed in my labor. I only know that it was filed for "Software Engr" but that has a very wide scope.
I think that INS is not clear about this (as in many other things). I want to know people's experiences/attorney advices etc about use of AC21. If labor was filed as software engr whether it matter if he is working in Sysadmin or as a DBA or as Java Developer. If it does matter how far it goes. I mean for sysadmin guy , whether it matters if he is working on Unix or windows or for DBA whether he is Oracle DBA or DB2 DBA etc.
 
Similar job for AC21 ??

What we mean by similar job. How can we get details about the job description that was filed in my labor. I only know that it was filed for "Software Engr" but that has a very wide scope.
I think that INS is not clear about this (as in many other things). I want to know people's experiences/attorney advices etc about use of AC21. If labor was filed as software engr whether it matter if he is working in Sysadmin or as a DBA or as Java Developer. If it does matter how far it goes. I mean for sysadmin guy , whether it matters if he is working on Unix or windows or for DBA whether he is Oracle DBA or DB2 DBA etc.
 
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