waytoolong
Registered Users (C)
... already have plans for a major animal sacrifice to please the INS gods
Breaking News! Approval for all I-485 pending for more than 180 days!
- Thread starter longGC
- Start date
Dengdeng.. please explain AC 21
<< But in the end, it's nothing but reiteration of the AC21 law, which we already knew. >>
If AC21 is what gives us an ability to change employer after having 140 and 180 days over, and if this memo is making clear that AC21 will apply to everyone after completing 180 days, then doesn't it mean that we will have freedom? i.e. in other words we can change employer if we want... isn't it kinda half GC done?
Can anyone shed some light as beside employment freedom and SSN for spouse/child, what's different after getting the actual GC than what we don't have now?
<< But in the end, it's nothing but reiteration of the AC21 law, which we already knew. >>
If AC21 is what gives us an ability to change employer after having 140 and 180 days over, and if this memo is making clear that AC21 will apply to everyone after completing 180 days, then doesn't it mean that we will have freedom? i.e. in other words we can change employer if we want... isn't it kinda half GC done?
Can anyone shed some light as beside employment freedom and SSN for spouse/child, what's different after getting the actual GC than what we don't have now?
I am not talking about out of job situation.
I am talking about a situation where you are employed and you want to change employer. I think you will be able to do it with more ease than before after we get this memo published.
If you don't have a job, you can't pay your bills anyway
I am talking about a situation where you are employed and you want to change employer. I think you will be able to do it with more ease than before after we get this memo published.
If you don't have a job, you can't pay your bills anyway
Watta heart breaking news
In the event of the correctness of the news expecting such a memo, nothing MUCH is going to change.
COZ,
The procedures will NOT CHANGE
Number of BCIS's staff members will NOT CHANGE
Security checks will NOT CHANGE
FBI clearance will NOT CHANGE
Conditions to get I485 approved will NOT CHANGE
The only change CUD be is that It will be further RE_INFORCED that the control of the Employer over I140 will cease once I140 is approved AND 180 days are passed after I485 submition.
Meaning, I485 will be approved, even if the Employer revokes I140. ( after passing routine procedures ) PROVIDED 180 DAYS HAVE PASSED AFTER FILLING OF I485.
After all said n done. all we can do is WAIT
In the event of the correctness of the news expecting such a memo, nothing MUCH is going to change.
COZ,
The procedures will NOT CHANGE
Number of BCIS's staff members will NOT CHANGE
Security checks will NOT CHANGE
FBI clearance will NOT CHANGE
Conditions to get I485 approved will NOT CHANGE
The only change CUD be is that It will be further RE_INFORCED that the control of the Employer over I140 will cease once I140 is approved AND 180 days are passed after I485 submition.
Meaning, I485 will be approved, even if the Employer revokes I140. ( after passing routine procedures ) PROVIDED 180 DAYS HAVE PASSED AFTER FILLING OF I485.
After all said n done. all we can do is WAIT
Newyorker012
Registered Users (C)
Yeah right
Yeah Right , and the pigs will fly!!!!!
Yeah Right , and the pigs will fly!!!!!
Mystry solved
Ok guys just check the following link and all the mystry regarding approval after 180 days will be solved
http://www.murthy.com/UDrevapp.html
all of us back to square one....
Ok guys just check the following link and all the mystry regarding approval after 180 days will be solved
http://www.murthy.com/UDrevapp.html
all of us back to square one....
weShallOverComeSomeDay
Registered Users (C)
Check another website
http://www.immigration-law.com/Canada.html.
Excerpt from this website
---------------
07/09/2003: AC 21 180-Day Rule and Effect of Revocation of Approved I-140 by Employer
Under the AC 21, 485 waiters are allowed to take new employment 180 days after filing I-485 inasmuch as it is a same or similar occupation. One question which remained a puzzle was what would happen if the employer should revoke the underlying approved I-140 petition. In fact, there have been a number of reports by the immigration lawyers that the Service Centers denied I-485 when underlying I-140 had been revoked by the employer in several instances.
This question has yet to be answered by the yet-to-be-enaced AC 21 regulation, but AILA has reported a letter written by a responsible BCIS official in response to an attorney's inquiry that revocation of the approved I-140 petition by the employer should not affect the pending I-485 application "inasmuch as the revocation took effect after 180 days from the filing of I-485." He opined that the underlying approved I-140 petition and the approved labor certification application would remain valid despite such revocation if it happened after 180 days.
The opinion was expressed in the form of a letter and not even an official memorandum. Accordingly, strictly speaking, the letter does not carry any legally binding force. However, in view of the fact that the officer is in charge of the business division, it should carry some weight for the Service Center adjudicators. Question remains: (1) Would the Service Center reverse their prior denial if people file a motion to reopen or motion to reconsider based on this letter? (2) Since one certified labor certification application can support only one I-140 petition, what happens if the employer files a new I-140 petition to substitute the employee and the new employee applies for I-485 based on the newly approved I-140 petition? The letter still begs a host of questions and it will remain so until the AC 21 regulation is officially enacted.
http://www.immigration-law.com/Canada.html.
Excerpt from this website
---------------
07/09/2003: AC 21 180-Day Rule and Effect of Revocation of Approved I-140 by Employer
Under the AC 21, 485 waiters are allowed to take new employment 180 days after filing I-485 inasmuch as it is a same or similar occupation. One question which remained a puzzle was what would happen if the employer should revoke the underlying approved I-140 petition. In fact, there have been a number of reports by the immigration lawyers that the Service Centers denied I-485 when underlying I-140 had been revoked by the employer in several instances.
This question has yet to be answered by the yet-to-be-enaced AC 21 regulation, but AILA has reported a letter written by a responsible BCIS official in response to an attorney's inquiry that revocation of the approved I-140 petition by the employer should not affect the pending I-485 application "inasmuch as the revocation took effect after 180 days from the filing of I-485." He opined that the underlying approved I-140 petition and the approved labor certification application would remain valid despite such revocation if it happened after 180 days.
The opinion was expressed in the form of a letter and not even an official memorandum. Accordingly, strictly speaking, the letter does not carry any legally binding force. However, in view of the fact that the officer is in charge of the business division, it should carry some weight for the Service Center adjudicators. Question remains: (1) Would the Service Center reverse their prior denial if people file a motion to reopen or motion to reconsider based on this letter? (2) Since one certified labor certification application can support only one I-140 petition, what happens if the employer files a new I-140 petition to substitute the employee and the new employee applies for I-485 based on the newly approved I-140 petition? The letter still begs a host of questions and it will remain so until the AC 21 regulation is officially enacted.
Buddy,
Latest development: If I-485 is pending for more than 180 days then you can immediately become naturalized citizen of USA , so that you can vote for your favorite 2004 presidential candidate !!!!!!
Are you in this world?
Check http://www.murthy.com/UDrevapp.html
BTW,
Did you notice that Ms.Murthy changed the question and also her reply (07/07 chat).
Modified version:
Chat User : Hi, Ms. Murthy. Is there a chance that BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days, and for whom the I-140 has been revoked by the original sponsoring employer, should obtain the I-485 approval? Thanks!
Attorney Murthy : Yes, I personally spoke with Efren Hernandez last week. He promised me that the BCIS will release such a memo by this Friday, July 11, 2003. I expect something to be released in about a week or two. The Memo or guidance will require BCIS examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 had previously been approved and the I-485 has been pending for 180 days or longer, assuming all the other criteria have been satisfied for AC21 portability, like the new job being same or similar, etc.
http://www.murthy.com/chat0707.html
__________________
Original version:
Chat User : Hi, Ms. Murthy. Is there a chance that BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval? Thanks!
Attorney Murthy : Yes, I personally spoke with Efren Hernandez last week. He promised me that the BCIS will release such a memo by this Friday, July 11, 2003. I expect something to be released in about a week or two. The Memo or guidance will require BCIS examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 has been previously approved and the I-485 has been pending in excess of 180 days.
__________________
Did you notice that Ms.Murthy changed the question and also her reply (07/07 chat).
Modified version:
Chat User : Hi, Ms. Murthy. Is there a chance that BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days, and for whom the I-140 has been revoked by the original sponsoring employer, should obtain the I-485 approval? Thanks!
Attorney Murthy : Yes, I personally spoke with Efren Hernandez last week. He promised me that the BCIS will release such a memo by this Friday, July 11, 2003. I expect something to be released in about a week or two. The Memo or guidance will require BCIS examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 had previously been approved and the I-485 has been pending for 180 days or longer, assuming all the other criteria have been satisfied for AC21 portability, like the new job being same or similar, etc.
http://www.murthy.com/chat0707.html
__________________
Original version:
Chat User : Hi, Ms. Murthy. Is there a chance that BCIS Headquarters will issue a rule stating that a person with the I-485 pending for over 180 days should obtain the I-485 approval? Thanks!
Attorney Murthy : Yes, I personally spoke with Efren Hernandez last week. He promised me that the BCIS will release such a memo by this Friday, July 11, 2003. I expect something to be released in about a week or two. The Memo or guidance will require BCIS examiners at the various Regional Service Centers to issue an approval of the I-485 if the I-140 has been previously approved and the I-485 has been pending in excess of 180 days.
__________________
waterboy_dec
Registered Users (C)
Liars
Liars are become a lawyers in other words
Lawyers are Liars
Liars are become a lawyers in other words
Lawyers are Liars
Good observation Edison...
You know, I didn't post the whole response I got from their office.. but even after being their client, they were asking me to set an appointment with Ms. Murthy or other lawyer.. to get a clarification for her chat.. by paying $400+ for an hour..
Man.. ... to tell you the truth.. Lawyers in this country.. are blood suckers.......always have bad vibes when I think of them.... One exception though.. Mr. Rajeev Khanna... truely honest and upfront man and always have the helping nature...
You know, I didn't post the whole response I got from their office.. but even after being their client, they were asking me to set an appointment with Ms. Murthy or other lawyer.. to get a clarification for her chat.. by paying $400+ for an hour..
Man.. ... to tell you the truth.. Lawyers in this country.. are blood suckers.......always have bad vibes when I think of them.... One exception though.. Mr. Rajeev Khanna... truely honest and upfront man and always have the helping nature...