Frustated ......#@$$%$^$

W

will_get_there

Registered Users (C)
I am so pissed with the USCIS's behavior. First of all they hardly work to improve the processing times and on the top of that they issue such junk memos to confuse their own staff and the applicants.

It is clear from Ohata memo that AC21 for GC applicants is down the drain. I have written to Rajiv to do something about this such as a memo saying irrespective of I140, if 485 has been pending for 6 months, AC21 holds and I140 cannot be revoked or denied.

This behaviour of USCIS clearly makes grounds for a Law suit. Why did they come up with AC21 if they had to throw it away in 3 years like this.

Guys, please write to Rajiv and other AILA lawyers to force USCIS to not to mess the GC applicants lives this way. Up hold the AC21.

will_get_there
 
Hi,
Can you please tell us where it says concurrent filers cannot use AC21??? Or we cannot use AC21, while I-140 is pending or withdrawn????

Thanks,
nanshi.
 
From this memo,

"Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved."
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"Fifth, the BCIS Memo uses the incorrect term "withdrawal" instead of revocation in various sections of this Memo, which causes some confusion. The term "withdrawal" is used in the context where a petition is pending with the BCIS and not yet approved. An employer or an applicant may request a withdrawal in cases where there is no final decision on the petition or application. After the approval of a petition, the employer may only request that the I-140 petition be revoked. "
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Looks like again confusion.

1. In this Memo, it says "Withdrawal" or "revocation". Withdrawal means withdrawing a "Pending" Petition. Revocation means Withdrawing a "approved" Petition.

2. This means after 180 days the employer can withdraw a "pending" application also.

3. So even if an employer withdraws a pending application, employee can change employer after 180 days, without any problem. (In other words, after 180 days, before withdrawing the petition by employer, if an employee changes Job,informs USCIS, there won't be any problem in the I-485 processing)



See, I am not telling that what I am saying is right. I am just posting what I heard from some attorneys in this confused subject. I feel when I post message here, we will discuss about this from all the angles and try to get some kind of conclusion. What if , what we were thinking for all these time may be wrong????

nanshi.
 
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