New AC21 rule

A

ashwin_kc

Registered Users (C)
Guys,

I have heard from many people including my attorney that since 140 is taking a long time for approval, One can use AC21 even before i140 approval.

My attorney mentioned, we may hear from NSC anytime soon.

Has anybody heard anything about this?.

Ashwin

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140 ND 11/05/03
485 ND 12/07/03
EAD/AP JAN 04
No FP
 
check out the murthy.com updates there is mention there also but they say that new rules might come out for ac21 but they dont know right now if they will be favorable or not. new announcements are expected during the summer or very soon after that on ac21 is what they say.
 
Great

That will be great if AC21 can be applied before 140. now 140 takes really lot of time. Real doubt if the processing times will improve .. This new rule will help at lot in that case
 
I have heared the same from my lawyer he even mentioned that in the current AC21 LAW there is no place where it says that I140 should be approved in order to get Portability the only thing which is mentioned is 485 should be pending for more than 180 days. Any thoughts????
 
AKHAN124,

I'm not sure about this. I know a few friends who are using AC21 but all of them have their 140 approved.

Does anyone have any thoughts about this?. Do we know if anyone have used AC21 without 140 approved?.

Ashwin
 
here is response from my attorney.

There is no requirement that your I-140 be approved only that your I-485 be pending for a period of 180 days or longer. We can file this portability letter in response to a confirmation of employment RFE (defensively) or send it out at any time (affirmatively). I generally like to file them affirmatively so that the CIS does not think you've spent time out of work.

Yes, people have filed AOS portability without first obtaining their I-140 approvals.
 
from what i know neither are the lawyers nor are the people whose cases are pending comfortable to go for ac21 without a 140 approved. i have also discussed with my lawyer and a few other people in the field. its not recommended. if i could avoid it , i would avoid it.
 
If we use AC21 before 140 approval, what happens if we get an RFE on 140?.

It should be answered by old company and attorney who works for old company.

This is probabaly the reason why people wait till 140 is approved.

Hopefully this new rule will be helpful.
 
iknowitall said:
check out the murthy.com updates there is mention there also but they say that new rules might come out for ac21 but they dont know right now if they will be favorable or not. new announcements are expected during the summer or very soon after that on ac21 is what they say.
Click to expand...


Any one's got any updates on AC21???? Depending on INS to improve their processing time is my secondary day dream [primary is to win a million dollars :) ]

The only pragmatical hope seems to be AC21 where I can control my fate a little bit atleast!!!
 
waitingforDOL said:
here is response from my attorney.

There is no requirement that your I-140 be approved only that your I-485 be pending for a period of 180 days or longer. We can file this portability letter in response to a confirmation of employment RFE (defensively) or send it out at any time (affirmatively). I generally like to file them affirmatively so that the CIS does not think you've spent time out of work.

Yes, people have filed AOS portability without first obtaining their I-140 approvals.
Click to expand...

The validity of underlying I-140 was clarified in the memo August 2003. In that memo it is clearly mentioned that there should bona fide intent from both parties at the time i-140 approval.
By sending AC-21 letter before I-140 approval you are mentioning that you do not intent of joining the employer before the approval it self. That is the reason It is not advisable to change the job (In fact it should spoil the relationship with employer) before the I-140 approval
 
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