Just called USCIS for AC 21 clarification
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iknowitall
Registered Users (C)
i agree to most of what you have said but i have commented so much on these issues that i am tired, all i can say at this stage if you can wait for 140 approval if you cant and if 180 days have passed just take the leap and see what happens.
There also should be a test that you qualify for the preference category that you claim. That test is normally done at the I-140 level. Would it be possible to do a substitute a person without a college degree on an LC that required a Ph.D as long as the I-140 is not adjudicated in 180 days. If I file an LC in 2000 for an attorney and it gets approved in 2004, can I now substitute a new graduate under that LC since the I-140 clearly will not be adjudicated in 180 days? If after 180 days I-140 approval is irrelevant, then this would be possible. There would never be a test of a person's qualification for the preference category.
sertra2002
Registered Users (C)
Jim Mills said:
Spoken like a true attorney, and I didn't understand a word of it !!
What he is saying is since I-140 approval becomes irrelevant, for a job which requires Ph.D. (typically EB1 which does not require a labor) a B.S. degree holder can apply. Anyway I-140 will not be adjudicated within 180 days. There is no necessary of the Labor certification.sertra2002 said:Spoken like a true attorney, and I didn't understand a word of it !!
They might be modify the rule in a way I-140 not revocable by the employer after 180 days, keeping all other parameters same.
john_wanderbilt
Registered Users (C)
tammy2 said:
If your last line is true...How about this.... The employer is a crook and wants to revoke 140 petition in anyway possible or see that your 140 is denied.... If any RFE is required...employer does not respond...voila...your petition is denied.... Thus, Hasnt the employer acheived his objective.... By hook or crook ?
john_wanderbilt said:
How can expect the BCIS should give you the guaranty of approving your I-140? Employer has that privilege always.
Same way employer can argue what about greedy employee who can ditch him for couple of thousand Dollars for whom he spent the money.
frostrated
Registered Users (C)
Off topic - Problems in applying for 140/485
My wife is on an F1 status and will be moving onto OPT in Jan 2005. What options do I have to add her onto my 140/485 application. I will be getting my LC cleared (hopefully) sometime late this year or early 2005. Will the non-immigrant intent of her F1 status have any negative implications for my application.
My wife is on an F1 status and will be moving onto OPT in Jan 2005. What options do I have to add her onto my 140/485 application. I will be getting my LC cleared (hopefully) sometime late this year or early 2005. Will the non-immigrant intent of her F1 status have any negative implications for my application.
OK .... I hope I am not digressing from the main discussion here .. but, can I still change jobs on AC21 if I did not get my EAD yet, but both my I-140 and 485 are pending for more than 180 days ? Also my 6yrs of H1 are expiring and I am extending my H1 for a 7th year.
sertra2002
Registered Users (C)
naanshi,
I guess you will get different answeres from different people. Since there is no clear ruling from USCIS, I will suggest wait. There is no point in discussing this again and again, you will still get the same. Some will say yes, some will say no.
I guess you will get different answeres from different people. Since there is no clear ruling from USCIS, I will suggest wait. There is no point in discussing this again and again, you will still get the same. Some will say yes, some will say no.
I did talk to my Lawyer
I did talk to my Lawyer and he said right now USCIS stand is that your I-140 should be approved before one can use AC-21. When I asked about if there is any meo coming out, he didnt know.
When I wanted to get at the root of this topic that how and why this started I concluded that this started with a minutes of meeting with USCIS and AILA posted on Jenkens and Gilchrist Law Firm website which AWS posted on this forum. I feel like to talk to This Law firm...this is a very serious matter to me..
naanshi said:
I did talk to my Lawyer and he said right now USCIS stand is that your I-140 should be approved before one can use AC-21. When I asked about if there is any meo coming out, he didnt know.
When I wanted to get at the root of this topic that how and why this started I concluded that this started with a minutes of meeting with USCIS and AILA posted on Jenkens and Gilchrist Law Firm website which AWS posted on this forum. I feel like to talk to This Law firm...this is a very serious matter to me..
Guys, I spoke to my lawyer too about using AC21 before 140 and the response I got was "There's nothing in writing...."
Because this issue is so ambiguous and we have been hapless victims of 140 processing delays, instead of speculating, how about we get more people to sign that petition with NSC for 140 delays - and hopefully, they will clarify this situation:
- Either they will approve our 140's soon (likely story!)
- Or they will let us use AC21 prior to 140 approval
NSC/BCIS is the only entity who can decidedly settle this question in writing and hopefully they will rule in our favor...
Because this issue is so ambiguous and we have been hapless victims of 140 processing delays, instead of speculating, how about we get more people to sign that petition with NSC for 140 delays - and hopefully, they will clarify this situation:
- Either they will approve our 140's soon (likely story!)
- Or they will let us use AC21 prior to 140 approval
NSC/BCIS is the only entity who can decidedly settle this question in writing and hopefully they will rule in our favor...
gcbandwagon
Registered Users (C)
I talked with my lawyer and he says that there is no problem at all in using AC21 so long as you have completed 6 months.I think he is one of the better lawyers in Michigan and I trust his opinion.He says he has atleast 10 cases with him who have already done that as 140 is stuck presently.He however did mention that use it as a last resort and it is much safer to wait for 140,as this mean will a lot less hassles in case of a RFE.
I-140 approval and 180 days.
Not sure if I'm reading it correctly, Jim's statement seem to indicate that the argument is based on I-140 approval is not relevant after 180 days. I think the point several of the forum members are trying to make is not do away with the I-140 approval after 180 days, but not make it binding to change jobs. I'm not a lawyer, but I believe the new employer has to fill out some form which indicates what the position is for and qualifications required. How hard is it to verify the LC and the new form and then approve or deny I-140 based on the findings ?
Jim Mills said:
Not sure if I'm reading it correctly, Jim's statement seem to indicate that the argument is based on I-140 approval is not relevant after 180 days. I think the point several of the forum members are trying to make is not do away with the I-140 approval after 180 days, but not make it binding to change jobs. I'm not a lawyer, but I believe the new employer has to fill out some form which indicates what the position is for and qualifications required. How hard is it to verify the LC and the new form and then approve or deny I-140 based on the findings ?