DOS to the rescue -- 180 day rule + H1 > 6 year rule!!

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Looks like this memo is ONLY for counsler proccessing ?
I don\'t understand why CP gets memo first, how about us
who are here now ?
Any comments ?
 
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Looks like that is the case. If this is true then there are possibilities that we may be issued RFE for other issues and even thenour reply to the cases would be stuck in the mail room. Hope this does not happen
 
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From the posting 2 very important points can be highlighted.
1. 180 days to be counted from RD, not ND.
2. Leave/vacation while employed with the company does not make any difference for counting of 180 days.

PD:05/99
ND:01/01
 
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Hi All,
   Here is the reply from Ron for my question which was posted at his site yesterday night.
I must thanks him for answering promptly.
    ------ Q & A starts here -----
Hi Ron,
Thanks for posting the AC21 regulation(interim) which was sent to Consulate
by DOS.
I need a clarification in this regulation. My I-485 is on HOLD in VSC, since
my company had changed its name after my I40 approval and before applying
I-485 ( I-485 has new company name). The tax id is same. My I-485 is pending
for 21 months (ND Sep 1999. Now I have applied proactive I-140 in May 2001.

1. Does this new regulation give any relief to company name change hold cases?
2. Since my company had changed its name prior to applying I-485, am I
covered under 180 day rule or not?

Thanks for your help.

mogaram

Topic: Does Ac21 cover Comapny name change hold cases? (2 of 2), Read 14
times
Conf: Adjustment of Status Issues
From: Ron Gotcher jrg@imminfo.com
Date: Wednesday, June 13, 2001 08:01 AM

What I posted was not a regulation, it was a policy memo by the Department of
State. It was issued to offer guidance to
CONSULAR officers, not INS officers.

    ------ Q & A ends here -----

   What do you infer from this? I do not know how to ask the follow up question. Ron
is very prompt in answering the question and very helpful also. Let us come out
with list of questions. I will follow up with our questions. Or alternately, as a
group, we all can ask these questions by creating a one USER_ID and use the same
user id to login and endorse the questions.

    Let me know what do you all think?

    Thanks
 
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Guys, The guidelines seems to be for Dept of State which deals with the Visa related issues. This is for consulates in US and other countries for the validation/re-validation of the visas.

As per the guidelines from INS they are still not out. Correct me if I am wrong. The INS should issues these guidelines seperately and officially. They were due in June beginning but still seems to be no word. Hang on guys you are close to be out with a grin.
 
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You may want to ask him the following questions:
1. What is the possibility of a similar guideline for adjudicating 485 cases by the INS center?
2. Will they apply the 180 days rule to people who filed 485 before Ac21 was signed?
 
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one thing which puzzling me is

how come this memo and news is not posted on all these attorney\'s web sites ?
can anyone try to explain?

Niraj
 
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who can answer our question that when will INS centers get this memo?
Is there anybody who trying to talk to INS HQ about this? Earliar there are people who trying to do this.

rao
 
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This is the statement from RON:
"The DOS normally does not issue these types of cables unless and until they have consulted with the INS on the interpretation of the law. This memo can and should be viewed as an insight into the still-developing INS policy:"

So, INS should be aware of the happening and they should also be coming with their version soon.
 
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This is the statement from RON:
"The DOS normally does not issue these types of cables unless and until they have consulted with the INS on the interpretation of the law. This memo can and should be viewed as an insight into the still-developing INS policy: "
So, INS should be aware of the happening and they should also be coming with their version soon.
 
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Although this memo is from the State Dept. to the consular posts, it mentions that it applies to adjustment of status applicants. So, if your I485 is pending for over 180 days and you change jobs and you decide to change to consular processing by filing I824, then the consular office may adjudicate your case based on this memo.
 
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Also remember, INS was not planning to release the "regulations" until the end of summer. They only planned to release a "field guidelines" .
I suppose this is what they planned!!!!
 
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That means.. We can now change jobs anytime after we file for 485.
As INS as it is will 100% take more than 6 months to process 485.
 
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