How do I count 180 days in my case

D

Dhinchek

Registered Users (C)
Hello experts:
I need your valuable advice on this one.

my RD for 485 is 6/4/2007.
My 180 calendar days complete on 12/1/2007
12/1/2007 is a saturday.

Now my employer told me that my last day may be 11/30/2007 (friday). So technically its only 179 days with my previous employer. The 180th day is a saturday.

If I invoke AC21 after 12/3/07 (Monday), I should be fine (that is 183rd day). OK. But if the USCIS ever told me to show evidence that I worked with previous employer during the 180 days period and I show paystubs until 11/30/2007, will I be fine?

Please advice - thanks
 
Dhinchek said:
Hello experts:

If I invoke AC21 after 12/3/07 (Monday), I should be fine (that is 183rd day). OK. But if the USCIS ever told me to show evidence that I worked with previous employer during the 180 days period and I show paystubs until 11/30/2007, will I be fine?

Please advice - thanks
Click to expand...

Invoking AC21 and being employed (during the initial 180 days) are two separate things. Invoking AC21 does not require one to be employed during 180 days of I485 filing. All it does is allows the beneficiary to port I485 after 180 days of its filing. So in theory, you may be vacationing in the Bahamas all this time (and beyond), but just when you think your I-485 would be adjudicated (PD being current), you may use AC21 to port your petition to a new job with similar job profile as mentioned in your (approved) I140.

The caveats are:
1. Anytime during I485 processing in case USCIS gets in touch with the employer, you should be employed (either with the I140 petitioner or AC21 ported employer).
2. The I140 petitioner can revoke/withdraw I140 during the 180 day period of I485 filing. After 180 days, AC21 can be used to port I140 and I485 to the new employer.

In your case, neither of these would be an issue if you switch over to a new employer on 12/03. So you should be fine.
 
Last edited by a moderator:
lprkhoj said:
Invoking AC21 and being employed (during the initial 180 days) are two separate things. Invoking AC21 does not require one to be employed during 180 days of I485 filing. All it does is allows the beneficiary to port I485 after 180 days of its filing. So in theory, you may be vacationing in the Bahamas all this time (and beyond), but just when you think your I-485 would be adjudicated (PD being current), you may use AC21 to port your petition to a new job with similar job profile as mentioned in your (approved) I140.

The caveats are:
1. Anytime during I485 processing in case USCIS gets in touch with the employer, you should be employed (either with the I140 petitioner or AC21 ported employer).
2. The I140 petitioner can revoke/withdraw I140 during the 180 day period of I485 filing. After 180 days, AC21 can be used to port I140 and I485 to the new employer.

In your case, neither of these would be an issue if you switch over to a new employer on 12/03. So you should be fine.
Click to expand...


khoj..

from what I understand..after 180days of 485 filing and 485 not yet adjucticated you use AC21 and submit in a full time permanent offer letter from a brand new employer..obviously with the same job skills etc...does that mean we/INS has nothing to do with the originally sponsored GC employer..?

pls clarify...
 
StressTestInUSA said:
khoj..

from what I understand..after 180days of 485 filing and 485 not yet adjucticated you use AC21 and submit in a full time permanent offer letter from a brand new employer..obviously with the same job skills etc...does that mean we/INS has nothing to do with the originally sponsored GC employer..?

pls clarify...
Click to expand...

Once you've crossed the 180 day mark and ported you I485 to the new employer, your I140 sponsoring employer does not have any relevance going forward.
 
lprkhoj said:
Once you've crossed the 180 day mark and ported you I485 to the new employer, your I140 sponsoring employer does not have any relevance going forward.
Click to expand...

lprkhoj,

In the above scenarios, Should I-140 have been approved before 180 days of I-485 RD?. Please clarify.

Thanks
ksb
---------------------------------
NSC
PD: 10/18/2006. LC: Approved
I-140: RD 04/27/2007
I-485: RD 08/03/2007
FP: Done on 10/24/2007
EAD: Received on 10/18/2007
 
You must log in or register to reply here.
Top