My I-140 got approved last month and I was wondering if I could use AC-21. I've this question as this new memo seems to have confused me beyond belief.
Thanks, sb_tiger. That was my gut feeling too but the fact that AC21 would not be applicable to future applicants, does it affect its flexibility for current applicants?
Originally posted by abouttime Thanks, sb_tiger. That was my gut feeling too but the fact that AC21 would not be applicable to future applicants, does it affect its flexibility for current applicants?
with the new AC 21, the argument was that we will not be able to use AC 21 as it is the expected that I-140 and 485 adjudications happen at the same time...
Our argument was that the new memo was effectively invalidating the AC 21...
The rules for AC21 have not changed at all. The only thing that has changed is 140 and 485 will be adjucated together - that would make AC21 irrelavent. That would mean if your combined adjucation takes - lets say 2.5 years- then if you lose your job in between - you are sunk.
On the other hand with the current uncombined adjucation if 140 took an year to adjucate- you could have changed your job after an year. That option would not exist- as your 140 would still be pending.
On the whole it is negative for new filers. But they are being thrown the carrot that they would get adjucated faster- I have no reason to belive that.
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