How does the new memo affect AC-21 law?

A

abouttime

Registered Users (C)
My I-140 got approved recently and my I-485 was filed more than an year back and hence, am eligible to use AC-21. The questions I have is:

* With this whole issue surrounding the new memo issued by USCIS, can I not change jobs using AC-21? Does it affect it in someway?
* If I can change jobs, can I move to some other place in the US (coast to coast) and take up a job or does location play a role?
* Can I move from Software Engineer II to III or to a manager?
 
Memo.

Hi abouttime,
I don't think people like u and me who used AC21 after I-140 approval & I-485 pending over 180 days & changing employement will be effected. The way I understood the memo is:

BCIS is going to do start processing of concurently filed I-140 when the corressponding I-485 is going to be processed and since AC 21 requires I-140 approved and since I-140 will not be processed until I-485 is processed thus people doing concurrent filing will not be able to use AC21.

But people like us who had I-140 already approved will


*** PLEASE EXECUSE ME IF I MISUNDERSTOOD THE MEMO. I DON'T WANT TO CONFUSE ANY ONE. JUST PLACE MY UNDERSTANDING.
 
Last edited by a moderator:
Two relevenat excerepts from Sheela Murthy's comments:
....If processing is not completed in a reasonable time, and AC21 portability cannot be used, this may mean that more cases will be denied if there is a termination of the employer’s sponsorship of the I-485 applicant, for any reason..
"...Given staffing shortages, whenever one type of case processing is given priority, another type suffers. ..."

Thinge would get worse for all.
 
sb_tiger,
means AC21 can't be used even if more than 6 months such as 2 years takes place for 485 approval??



Thanks,
rb180
 
The law clearly states 140 must be approved. So if 140 approval is delayed then AC21 can't be used. In this case as 140 and 485 will get adjucated simultaneously- AC21 will be irrelavent.
HTH
 
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