INS AC 21 Memorandum Released.....

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Section 106 of the memo says that one can change job after 180 days if the job is in the same or similar occupation. My question which was not answered from the memo is, how does one change jobs? Is EAD derived from I485 application enough or does the prospective employer need to file a new H1B application? Corollary to this question if a new H1B petition is filed, will this affect existing I-485 application?
 
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this memorandum instead of solving our questions has put more questions on our face..many things are still unexplained..looks like the morons came up with this in 2 days !! what a waste....
 
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Well, the document still does not answer the question when the 180 days starts to count, either RD or ND.
Any different interpretation on that?
 
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Yes, this memo is filled with bureaucratic words and doesn\'t clearly specify some important details. They may need another memo to explain this memo.

Very disappointed.
 
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shit after all these months people who changed after 180 days ( god knows from where ) INS comes out with this shit !! only H1B is seen everywhere and still doesn\'t mention 180 days from ND or RD !! ...AILA and ISN what have u been doing all these days ?? Just eating our money all these lawyers and INS !!
 
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Generally the difference bet the RD and ND is only 2-4 weeks.Unless it impossible for anyone to wait, the best thing to do would be change jobs after 180 days after ND .

This is just what i think may be i am wrong .

Thanks
Sajan
 
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I agree debo, but let\'s cool down...By the end of the conference (26th i guess) AILA lawyers will get answers to all the above mentioned questions...let\'s wait for couple of more days (I could understand the frustration / tensions as I have the same..., but we are help less...)
 
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You are right but people who have applied in april have ND after 7 weeks....thats a long time ..
and 1 day can make a diff ..u never know when u get laid off in this economy
 
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Hi Guys,

isn.org site says that everything clear on the memo. Only god knows what is clear what is not clear.
 
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Hey guys;
 I think that the date is RD and not ND as that is when INS physically received the application. I have checked this with a couple of lawyers and they agree. The only catch is "same or similar job description" which is not clear in the memo..
 
how does that sound?
 
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also not mentioned is if we can change job location. What if
my current job is within CSC area and my new job after 180 days
is in VSC area? How does that work?
 
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I think the "job description" criteria is clear. INS will use Dept of Laor\'s job title to decide.
 
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"The same or similar occupational classification" is more critical issue than RD/ND.
But it seems that only very few people care about it.
 
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Guys ..dont take any interpretations, 180 days can be RD, ND or may be 180 working days.......so relax and wait for the conference..

Debo...I am seeing you get excited too soon!!! easy !!!!
 
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Guys,

I must be living on some other planet but to me the document is reasonably clear on the implementation of the 180 days rule. I am refering to section "F. Change of employment permitted in case of lengthy adjustment adjudications".

I agree that some points remain open (RD vs ND, location), however this document in its current state is a MAJOR WIN for us. I specially like the last sentence of the section in which adjudicators have to contact INS HQ before thinking about denying an application.

My opinions only.
 
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