Gheewalabhai
Registered Users (C)
belong to the same AC21, if that is true. I have used H1b portability before without any problem. curious if it belongs to the same infamous AC21 rule.
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Does H1b portability also falls within AC21?? Then 180day rule and h1b portability
- Thread starter Gheewalabhai
- Start date
Gheewalabhai
Registered Users (C)
Now, there is a contradiction!! people are eerie about 180 days
but not h1b portability. I suppose both of them are not regulations
yet. Why some experts are not sure about 180 days rule even we are seeing some good results? Just FYI I used H1 portability after filing a transfer and started working after RD. I would like same experts give some of their thougts. This is getting interesting!
but not h1b portability. I suppose both of them are not regulations
yet. Why some experts are not sure about 180 days rule even we are seeing some good results? Just FYI I used H1 portability after filing a transfer and started working after RD. I would like same experts give some of their thougts. This is getting interesting!
vscwaiter100
Registered Users (C)
No Title
Here is a very simple answer. H1 portability is part of the AC21 but the lauguage is relatively simple so subject to less confusion and interpretation. 180 days rules language is relatively vague and subject a lot to the interpretation. Situations such as withdraw of I-140, same or similar profession, termination of employment, timing of judication etc are not clearly addressed in the AC21.
Here is a very simple answer. H1 portability is part of the AC21 but the lauguage is relatively simple so subject to less confusion and interpretation. 180 days rules language is relatively vague and subject a lot to the interpretation. Situations such as withdraw of I-140, same or similar profession, termination of employment, timing of judication etc are not clearly addressed in the AC21.
Gheewalabhai
Registered Users (C)
not all rules are accurate, that is why there are big holes in INS
So called "experts" say "it is not implemented in regulation yet".
confusing. i just want answer to difference between h1b and 180 both
under AC21?!
So called "experts" say "it is not implemented in regulation yet".
confusing. i just want answer to difference between h1b and 180 both
under AC21?!
Opinions are like . . . well,
It\'s true that none of AC21 has implementing regulations but there is a huge difference in the language of the two sections and the consequences of a misstep.
AS far as H-1 portability is concerned the relevant section is much clearer but contrary to your statement there is still a significant amount of ambiguity, for instance, AC21 speaks of permitting a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. This provision would seem to allow anyone who has previously held H-1 status to join a new employer upon filing of the petition but INS and nearly all immigration attorneys disagree and feel that only those who are currently in valid H-1 status can join the new employer immediately upon filing of the petition.
The ambiguity here will be resolved when INS issues implementing regulations for AC21 but everyone seems to be taking the conservative road here and with the advent of Premium Processing this restriction has less effect and therefore has attracted less attention and contraversy.
It\'s not that no ambiguity exists, it\'s just a matter of focus and effect.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
http://www.geocities.com/jamesdmillsesq/
It\'s true that none of AC21 has implementing regulations but there is a huge difference in the language of the two sections and the consequences of a misstep.
AS far as H-1 portability is concerned the relevant section is much clearer but contrary to your statement there is still a significant amount of ambiguity, for instance, AC21 speaks of permitting a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. This provision would seem to allow anyone who has previously held H-1 status to join a new employer upon filing of the petition but INS and nearly all immigration attorneys disagree and feel that only those who are currently in valid H-1 status can join the new employer immediately upon filing of the petition.
The ambiguity here will be resolved when INS issues implementing regulations for AC21 but everyone seems to be taking the conservative road here and with the advent of Premium Processing this restriction has less effect and therefore has attracted less attention and contraversy.
It\'s not that no ambiguity exists, it\'s just a matter of focus and effect.
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
http://www.geocities.com/jamesdmillsesq/
Gheewalabhai
Registered Users (C)
We are throwing opinions here, after 180 days as Jim also thinks it is safer .
I would say 90 percent safer. We love statistics, when we throw in INS\' unpredictability factor it should still come down to close to
80 percent since good lawyers can argue and "make a case".
How does this look?
I would say 90 percent safer. We love statistics, when we throw in INS\' unpredictability factor it should still come down to close to
80 percent since good lawyers can argue and "make a case".
How does this look?