Need Help on 180 days' rule ASAP

A

AnuD

Registered Users (C)
Hi,

Had a question on 180 days rule.
My situation is - RD - July 29th 2002.
ND - Aug 1st 2002.
Service Center - Vermont.

My project ended at end-Nov 2002. Since then I am trying to find out project, however, so far, nothing is through.

Some people are asking me to join their company instead of going through my sponsoring company.Can I take advantage of 180 days' rule and switch employer ?

To be precise, when they say 180 days, is it
(1) straight six months from the 08/01 i.e. six months over at Feb
1st
or
(2) actual 180 days from 08/01
or
(3) 180 working days from 08/01

Other point is, what documents I need to have from my first company ? I am not paid the salary since I am out of project - I don't even have salary slips. Insurance is being paid by me.

Please explain ASAP.
 
Some people are asking me to join their company instead of going through my sponsoring company.Can I take advantage of 180 days' rule and switch employer ?

AC-21 allows you to switch employers if your I-485 has been pending decision for more than 180 days. But the only catch is INS has not issued any final Interpretation of AC-21, so it could either way!!!

To be precise, when they say 180 days, is it
(1) straight six months from the 08/01 i.e. six months over at Feb
1st
or
(2) actual 180 days from 08/01
or
(3) 180 working days from 08/01

180 calendar days from 08/01 which is Feb 1.

Other point is, what documents I need to have from my first company ? I am not paid the salary since I am out of project - I don't even have salary slips. Insurance is being paid by me.

You might want to get a copy of your approved I-140 and labor. Keep all your salary slips just in case.

Hope this helps.

Balamani

Disclaimer:
I'm not a lawyer, pl. consult one.
 
you have to count 180 calendar days from RD July 29th 2002
not from ND

you have crossed 180 days

I hope you have the I-485 filing reciept with you
you should ask copy of I-140 and LC from lawyer or from Employer.
the imp document for you is LC so that when your new lawyer submits letter of your Intent /employer change then he can draft a leeter with same skills to use AC21

you can join new employer any day if you have EAD you should make your new employer aware that he has to provide you new job offer letter when needed to use AC21 and he has to pay the minimum salary written on LC ( after GC)
 
Last edited by a moderator:
http://www.murthy.com/UDac21qa.html
Find the answer from Sheela Murthy:


Question 1 : Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21?

Based upon the wording of the law and the INS interpretation of AC21, the 180 days should be counted from the date the INS receives the filing at one of its Service Centers. This is not the notice date, which reflects the several days or weeks the INS takes to issue the Receipt Notice. The 180 days are calendar days, not business days.
 
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