Broad impact on the AC-21 ported aliens ...

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Immigration-law.com says …
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· On October 28, 2005, the Board of Immigration Appeals, Department of Justice, handed down a rule that the Immigration Judges do not have authority to apply AC-21 180-day rule which allows the EB-485 waiters to change the employment without affecting the eligibility for EB-485 application because it was the opinion of the BIA that the Immigration Judges do not have jurisdiction over the AC 21 I-140 portability issues and only the DHS has authority and jurisdiction to apply the portability.

· This decision will have a broad impact on the AC-21 ported aliens who are brought to the removal proceedings by the ICE for a minor violation of the immigration regulations. For the details, please read the full text of the decision. In re Perez Vargas, 23 I&N 829 (BIA 2005), Interim Decision #3519 (October 28, 2005).

I hope we should discuss the real impact of new rule changes..
 
Grandhipal said:
Anyone in layman's english what this thing is about? :)
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As far as I understand - if you are in AOS and have some status violation like working without EAD judge can get relief and tell USCIS to adjust your status if you are working with sponsoring employer because if your 485 was approved - there will not be any violation.
In case you are not working with sponsoring employer (AC21) USCIS can deport you for any minor violation.

That's only my understanding - I'm not a lawyer.
 
Are there any implications if one is working with EAD and had switched the employer using AC-21?

Mahesh
 
maheshcr said:
Are there any implications if one is working with EAD and had switched the employer using AC-21?
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Yes, if there is a gap between EADs or other violations.
 
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