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GC 180-Day Portability Rule and CP – June 2001

As mentioned in Beware Travel Abroad in 7th Year of H1B – June 2001, another article in this June 22, 2001 issue of the MurthyBulletin, Secretary of State Colin Powell issued a cable message on June 11, 2001 to consulates. In it, he interprets section 106 of the October 2000 law known as the American Competitiveness in the Twenty-First Century Act (AC21). That article focuses on the 7th-year H1 extension under 106(a) and (b). In this article we focus on Green Card "portability" under 106(c).

Green Card Portability

Subsection 106(c) of AC21 states that if an adjustment of status (I-485) application is pending with INS for 180 days, the original labor certification and I-140 petition then remains valid for a similar job offer with another employer. While INS has not yet issued its regulations or guidance on AC21, DOS now says that, for persons who were processing I-485 for 180 days prior to a consular interview, the immigrant visa (IV) can be approved for the new, same or similar job with a new employer.

Documents to Present During CP Interview

The applicant needs to present the I-140 approval notice and the I-485 filing receipt as proof with regard to the processing time of the I-485. Presumably, it is also necessary, as with all employment-based IV interviews, to present a job letter. Of course, in the instance where the I-485 has been pending for over 180 days with the INS, the letter would not need to be from the employer who filed the I-140, but from any other employer offering the same or a similar position. The cable states that the Consular Officer who conducts the interview would ask the nature of the job with the original sponsoring employer and the new job, to make the determination as to whether the new job is similar enough to meet the legal requirements. If the Consular Officer is unsure, s/he should request an advisory opinion from the Visa Office at U.S. Department of State headquarters.

© The Law Office of Sheela Murthy P.C.
 
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Regarding the AC21 180 day rule, please note that DOS will adjudicate such cases only when the applicant has approval notice from INS. INS has to approve your adjustment of status first.
 
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I just called VSC. The lady told me that they were processing receipts for I-485 applications filed before the end of February. She also confirmed that they handle I-485 receipts differently than other type of receipts.

She took my name but she couldn\'t find my I-485 in the system.
 
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are you sure they are processing end of Feb I-485 cases instead of end of April I-485 ? according to you , I have to wait for 4 months to JUST get a receipt?(my I-485 was filed on May 15). INS is really messed up, especially VSC, is there any place we can complain this? this is really intolerable.
 
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If this true, why we dont have anyone filed their i485 in FEB and waiting for receipt in this forum. I haven\'t seen any archive posting even for FEB receipt.
 
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This was the second time I got this answer. I spoke with VSC ten days ago and got the same answer. I remember someone else (maybe INSNightmare?) also spoke with an IIO and he got the same answer. February 2001, that is the date that is in IIOs\' chart. However, I do know that there are people who filed in early April and got their receipts recently.

Remember, there were 200,000 unopened mails as of last week. Anything could happen. VSC may not open letters in the order they are received!
 
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yes..I got the same answer couple of weeks back...
we are totally helpless...
its really a nightmare for anything to do with INS...
 
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Is there anything we can do? What\'s ISN doing nowadays? Is it going to be helpful to contact ISN and urge it to do something, like writing letters to the congress or something?
 
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All,

Spoke to an IIO this evening regarding my wife\'s receipt notice for I485/EAD/AP (mailed on 4/10/2001).
She asked me to be patient for 6 more weeks.

patient_immig
 
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Hi Guys

I guess the VSC mail room processing could be different for different categories of applcn.
I mailed our ( mine & wife) applcn for EAD/AP on apr 20 and got the receipts with the RD 23/apr/01 and ND 17/may/01 sometime
around may 22/23.
Got the approved AP also on may 24 ( it took only 7 days from ND). And now waiting for EAD approval.I have seen many postings here saying that they got the receipts for their EAD\'s and EAD extn etc within a few weeks of filing.
So i guess that the delay in issuing receipts mostly affects I485 filings.

RajK
 
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I filed my 485 end of FEB, 01. My ND is Mar 12, 01.
I recd. both EAD and AP by end of Apr, 01. I am waiting
for my FP notice.

You are most likely right. The problem with issuing receipt started
sometime in April.
 
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my lawyer received the Receipt Number yesterday.
I sent applicaiton on 04/09/01
RD 04/11/01
ND 06/11/01
AP approved,Waiting for EAD.
But the AVM did not change.

MMK
 
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hi mmk_waiting1,

Did you file all three forms I485/EAD/AP (or) just for EAD/AP.
Provide us with an update.

Thanks
patient_immig
 
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hi crapshooter,

can you update the spreadsheet with all new entries along with mmk_waiting1 rcpt notice
(or)
do you want me to do it ?

thanks
patient_immig
 
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just curious:how does mailroom clerk know which one is I-485 and which one is some other category other than I-485? does your lawyer mark I-485 on the outside cover of package? otherwise, I really can\'t imagine how they figured out which one is I-485 without even openning the mail. please give some thoughts.

we really need contact ISN or congress about this, I don\'t think they will feel this is intolerable , also this delay affects us in great deal, like without receipt, can\'t get EAD in time, can\'t safely travel with just H1 visa, etc.....
 
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Just got a hold of an INS officer, he mentioned that my case has not yet been entered into the system. He asked me to check back after 30 days if I dont get a receipt by then.

Applied for 485,EAD,AP for self on April 30th.
 
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Frontlog problem is INS bull shit. why is it for only i485 applicant.
other applicants are now receiving their receipts in 3/4 weeks time.

I would like to ask a simple question to all the folks in this discussion. Do our packages say something like it contains 485 material in it?

If not, this means they have already opened the mails and sorted by 485 and put on hold instead of entering into the system.
 
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Hi patient_immig,

Yes I did file all the three together 485/AP/EAD. I also waited for almost three months long and i am the same mmk_waiting.
Hope the backlog is gone and u might be next.

MMK
 
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