Local BCIS Seeking Narrow Interpretation of Adjustment Portability

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GC012002

Registered Users (C)
Watch out!
This is from: http://www.gtlaw.com/practices/immigration/news/2003/04/09.htm

Looks like even if the new job is in the same state, but in a different metropolitan area, the I-485 could be denied!!!

April 9, 2003

Local BCIS Seeking Narrow Interpretation of Adjustment Portability
At a recent meeting with the Baltimore office of the Bureau of Citizenship and Immigration Services attorneys of the local chapter of the American Immigration Lawyers Association were informed that Baltimore has sought guidance from an appellate body dealing with the issue of portability in employment based immigrant cases. Specifically, the office has requested guidance on two cases dealing with portability where the new position (to which the person ported) is in a different state from the original position. The service's position is that since AC21 is silent as to location, a job that is not in the same location (or Metropolitan Statistical Area) is deniable.

This will probably result in further delays in the adjudication of cases in Baltimore, and possibly other places. GT will provide further updates as they are available and will continue to advocate for the broadest possible interpretation of the provision.
 
So because the AC21 rule doesn't mention location, the Baltimore office thinks that they can make this a reason to deny approval?

That is some logic!!

Good for us that the AC21 rule is also silent regarding if or if not an adjustee has to inform BCIS of using AC21 rule. Therefore, it looks to me that everyone that is honest and open gets punished while the people who simply keep quiet are getting through with their approvals.

That is really screwed up. I hope the Baltimore folks sober up soon.
 
Is this for NIW and EB1 also

and what logic is held for people who dont have a job right now.:mad: :confused: :(
 
Isn't that funny?

The AC21 rule was passed partly to punish the INS for not adjudicating the cases fast enough. Now the BCIS is trying to use this rule, with their narrow-minded interpretation, to punish people!

I started to think that the reason they have not come up with the regulations is so they can play with the rule itself, i.e. 'discretionary interpretation by local offices or service centers'. :mad:
 
Some people do not have shame that they are going to be dragged to the court where they will be kicked and bashed by the
lawyers and the judge for this type of interpretation.
You can't punish a person for there is no law. You can punish him only if the law says so. If the AC21 doe not impose a restriction on
changing the job in a different state, who is this ugly baltimore BCIS guy, to impose such a restriction. The only restriction for job change using AC21 is in the Job description/ Nature of job.

Don't worry. The BCIS will bend down after the first case it faces
on this issue. I am 100% sure that they will not have guts to deny I485 any one on this ground. Some people have this habbit of frightening others once in a while. It's abuse of power. Some employees in BCIS feel that they are giving Greencards to us out of their pockets. Hence the chatter.
 
I guess the lesson that we can learn from this stupid idea from baltimore is: if you have been using AC21 and it happens that the new job is in a different area, bring your lawyer to the interview. Especially if you moved into Baltimore area, since most likely you will have to deal with these people.

At this time, we don't know how far this idea has spread to the other BCIS local offices outside Baltimore!
 
Anyone has seen something like this before

This looks diferent from the other posts where AC21 was accepted in good faith. In fact people changed service centers also and did not face problems.
 
I'm agree with dsatish.

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The service's position is that since AC21 is silent as to location, a job that is not in the same location (or Metropolitan Statistical Area) is deniable.
************

when AC21 is silent about location then it doesn't mean that people should not change the location !

What they mean by same location ? Same State ? same county ? City ? street or same building.... ... no one knows !

I think our senior lawyers like Rajiv Khanna, Murthy and others need to fight on this issue.
 
Is there a guidance from BCIS higher level?

I am in the boat, and I got a RFE now.....I don't want to be a victim of this issue...
 
Gents,
Could you plz tell me if I am screwed? I used to work in princeton area,NJ and after an year of 485 filing switched job in mid-town NY city (State Change). I am worried as this kind of interpretiton was never heard about 2 months back.
 
I wanted to bring this topic back up...

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The [Baltimore] service's position is that since AC21 is silent as to location, a job that is not in the same location (or Metropolitan Statistical Area) is deniable.
************

I am an honest guy by nature and I would like to take a job in Florida and use AC21 and tell BCIS about this. But because of the Baltimore denials of the two AC21 cases I am worried now.

Therefore, I wanted to ask if somebody has heard anything new regarding the Baltimore decisions?

Has this been expanded to other local offices or service centers?

Has Baltimore given in and approved the cases afterall?

Any recent approvals or denials of AC21 cases on the ground that the applicant moved to another area?
 
here is murthy chat wrt this

Is there any new geographical restriction when using portability under AC21 for I-485 cases?

Attorney Murthy : Generally, the answer is no, but we have seen in recent AILA Liaison minute discussion notes that the BCIS is concerned about a person's relocating to a new geographical area where the salary may be higher, but paying the lower salary to get around the prevailing wage issue. Many of these are gray areas, under AC21 portability law, for which the BCIS has not issued definite answers.

Look like no definite answer on this, but if you have better pay on the new job, most likely you'll be fine. my 2cents only.
 
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