Alternatives for AC-21 for CP's

D

DalRanger

Registered Users (C)
Hello All,
I want to open a thread to explore and understand the alternatives for AC-21 for Consular Processing.

AC-21 is a provision for the candidates applying under Adjustment of Status (AOS) option in the thrid stage of the GC process. Which is a very good and a decent option to have.

I understand that there is no alternative option for the candidates who have opted for Consular Processing but to be on H1 until you are called for an interview from your local consulate. This is a pitiable situation especially with the Priority Dates being in place for EB3 and looking at the current trend looks like the EB2 category will also get affected by the PD's.

Is there anything that we can do, or request USCIS/NVC/INS (or whoever it is) to provide an option for CP candidates as well to utilize AC-21 or similar law.

What would it take to submit a request to USCIS/NVC/INS etc., in this regards.

Lets open a discussion in this regards and see what we all together can do.

Its just a hope to make something good for all of us.

Thank you,
Regards,
-DR.
 
Very Good one

DalRanger said:
Hello All,
I want to open a thread to explore and understand the alternatives for AC-21 for Consular Processing.

AC-21 is a provision for the candidates applying under Adjustment of Status (AOS) option in the thrid stage of the GC process. Which is a very good and a decent option to have.

I understand that there is no alternative option for the candidates who have opted for Consular Processing but to be on H1 until you are called for an interview from your local consulate. This is a pitiable situation especially with the Priority Dates being in place for EB3 and looking at the current trend looks like the EB2 category will also get affected by the PD's.

Is there anything that we can do, or request USCIS/NVC/INS (or whoever it is) to provide an option for CP candidates as well to utilize AC-21 or similar law.

What would it take to submit a request to USCIS/NVC/INS etc., in this regards.

Lets open a discussion in this regards and see what we all together can do.

Its just a hope to make something good for all of us.

Thank you,
Regards,
-DR.
Click to expand...

I am not sure what we can do, but here are some questions/observations. CP option is based on thinking the beneficiary is not in the US. When the beneficiary is not in the US there is no question of AC-21 or like .... . NVC does some clerical job other than that, i don't think they have any policy decission, but NVC is part of Department of State. I too hope there should be something like AC-21 for us as well.
 
Is there any chance we can put a petition with Department of State to see what they would say.

How can one put a petition with DoS. What is the procedure involved.

-DR.
 
There is an interesting article in Murthy bulletin http://www.murthy.com/bulletin.html. It indicates that Self-Employment is allowed for AC21 Portability. If that is the case, as I understand it it takes the employer out of the equation. I however do not know how this "Self-Employment" can be substantiated unless you register for a company or something similar. Any thoughts?
Sandeep
 
Sandeep_N said:
There is an interesting article in Murthy bulletin http://www.murthy.com/bulletin.html. It indicates that Self-Employment is allowed for AC21 Portability. If that is the case, as I understand it it takes the employer out of the equation. I however do not know how this "Self-Employment" can be substantiated unless you register for a company or something similar. Any thoughts?
Sandeep
Click to expand...

If you have SSN number you can start your own company....There is not a big deal in starting a company
 
Sandeep_N said:
There is an interesting article in Murthy bulletin http://www.murthy.com/bulletin.html. It indicates that Self-Employment is allowed for AC21 Portability. If that is the case, as I understand it it takes the employer out of the equation. I however do not know how this "Self-Employment" can be substantiated unless you register for a company or something similar. Any thoughts?
Sandeep
Click to expand...
It does not take employer out of equation. He is still the sponcerer for your GC. What this new memo stating is new AC-21 employer cannot be sponcerer for the GC. So it is ok even if it is self employment.


I do not know any one has used it. But there was good article on this one on Sheela Murthy's website long before. You can use the AC-21 if you have applied I-485. At the time CP you can show the letter from new employer and get the GC.
 
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tammy2
If the new employer is yourself, and you have transfered your GC sponsorer to the new employer (yourself) using AC21 portability, then how is the originial petitioner in the equation?
Of course it might be tough convincing this at the time of interview but might be a solution if one gets laid off during the CP wait..?
 
I am not really sure if this can be used in CP cases as AC21 will apply for I485 filer only and more over beneficiary's 485 should be pending for more than 180 days. May be it can used if the beneficiary originally filed I485 and then switched to CP. Yes you are right if you have EAD you can incorporate a company and that company can be your new employer and may be you can use this option. So this will take your original employer out of equation. I could be wrong all together.

_________________________________
I am not attorney. Just my opinions.

Sandeep_N said:
tammy2
If the new employer is yourself, and you have transfered your GC sponsorer to the new employer (yourself) using AC21 portability, then how is the originial petitioner in the equation?
Of course it might be tough convincing this at the time of interview but might be a solution if one gets laid off during the CP wait..?
Click to expand...
 
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