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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.
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