Latest Memo on AC-21 (05-12-2005)

Any idea?

Hi,

If a person is from Retrogression affected country and just got his LC, can he do cocurrent filing of 140 and 485 if his PD is way after June, 2002? can he file 485? If not, he will not be able to accumulate the 180 days of 485 pending even if his 140 is approved. Then AC21 is useless for him. Am I right?

I didn't find the answer in this memo.


Thanks!
 
Yes, you are right. 180 days counting starts from the day you apply I485. So in the case of retrogression, you must wait till you can apply I485 to gain benefit of AC-21 portability.

2manzi said:
Hi,

If a person is from Retrogression affected country and just got his LC, can he do cocurrent filing of 140 and 485 if his PD is way after June, 2002? can he file 485? If not, he will not be able to accumulate the 180 days of 485 pending even if his 140 is approved. Then AC21 is useless for him. Am I right?

I didn't find the answer in this memo.


Thanks!
Click to expand...
 
Last edited by a moderator:
Thanks, kewl. This confirmed my concern. So, this new memo doesn't help at all for the retrogression affected people. It seems to me that those people might be in most need of this rule in the future as the retrogression is getting worse.
 
Ac 21

Can someone tell me briefly what is AC 21 portability is all about? I tried reading it but could not really know what its all about....Thanks
 
summary of new AC21 memo

rocky_cool said:
Can someone tell me briefly what is AC 21 portability is all about? I tried reading it but could not really know what its all about....Thanks
Click to expand...

USCIS is doing a good job, deserve credit:
1) H1-B extention is portable after your LC filed over 365 days-- other employer can file for your 6 year extention. Your sponse H4 extendable.
2) After filing I140 and I485 concurrently, and I485 filed over 180 days. Both I140 and I485 are portable, you can change employer as long as you work in the same filed, no location restriction either.

Applaud the good deeds done by USCIS, and ...........Edited by Moderator.

Watch your language.
Moderator.
 
Last edited by a moderator:
richshi said:
USCIS is doing a good job, deserve credit:
1) H1-B extention is portable after your LC filed over 365 days-- other employer can file for your 6 year extention. Your sponse H4 extendable.
2) After filing I140 and I485 concurrently, and I485 filed over 180 days. Both I140 and I485 are portable, you can change employer as long as you work in the same filed, no location restriction either.

Applaud the good deeds done by USCIS, ......... Edited by Moderator.

Watch your language.
Moderator.
Click to expand...

Thanks pal.
 
Last edited by a moderator:
I had filed 140/485 concurrently and my 140 is approved and it is more than 180 days since my concurrent filing. According to this new memo my employer can't revoke my 140, is that right?
 
wintersprings,

as far as I understand it now means that if I-485 is pending more than 180 days your employer cannot revoke your I-140 regardless if it's approved or not.

My situation is such that I was laid off 1 1/2 months after filing I-485 and I-140 was/is still pending as well. The old employer tried to screw me by saying they would revoke the I-140. After 3 months now both I-485 and I-140 still show pending status (did FP in between and this was received). In about 40 days I-485 will have been pending 180 days and since I am with a different employer now (vey similar job) I'll try to resume the pending I-140 and file AC-21. We'll have to see if CIS minds that I was laid off before the 180 days were up and if the old employer really did get to cancel the I-140.


_________________________________
RIR labor AZ: filed .March 2004
labor certified: October 2004
I-140: RD 10/28/2004
I-485: RD 12/28/2004
AP, EAD: RD 12/28/2004
AP, EAD approved end of Feb. 2005
laid-off 2/4/2005
FP RD: 2/9/2005
Start new job: 3/14/2005
Last action on I-140/I-485: 3/23/2005 (probably in response to 'change of address' form)
Pending since then
 
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