Baltimore/AC-21

[cinta]

I saw this somewhere.
April 9, 2003

Local BCIS Seeking Narrow Interpretation of Adjustment Portability

At a recent meeting with the Baltimore office of the Bureau of Citizenship and Immigration Services attorneys of the local chapter of the American
Immigration Lawyers Association were informed that Baltimore has sought guidance from an appellate body dealing with the issue of portability in
employment based immigrant cases. Specifically, the office has requested guidance on two cases dealing with portability where the new position
(to which the person ported) is in a different state from the original position. The service's position is that since AC21 is silent as to location, a
job that is not in the same location (or Metropolitan Statistical Area) is deniable.

This will probably result in further delays in the adjudication of cases in Baltimore, and possibly other places. GT will provide further updates as
they are available and will continue to advocate for the broadest possible interpretation of the provision.

 

[rkumar1]

I think BCIS addressed this issue in the latest AC21 Memo on
I140 revocation. It says the underlying Labor petition is also
valid after 180 days of filing.. I believe BCIS is proceeding in the
direction of Job Location being not important in AC21..



second paragraph of the memo..
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The second paragraph added to the Immigration and Nationality Act by 106(c) relates to labor certifications:

(2) Section 212(a)(5)(A) of the Immigration and Nationality Act is amended by adding at the end the following new clause:

“(iv) Long delayed adjustment applicants.--A [labor] certification … with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.”
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[waytoolong]

Cinta - not to worry, I think there are overzealous right-wing nuts in the Baltimore office who tried to set a precedent that will pretty much invalidate the purpose of AC21. I know that couple of cases were issued NOID but were immediately challenged (I saw that in LOSM website). In light of the new memo, there is absolutely no way that such cases can be denied.