New Rules??????

P

poornima_p

Registered Users (C)
******* Anybody heard about this new rule?????*********

I talked to my lawyer today about changing job and she told me that if a person is laid-off while the GC process (485filed, more than 6 months) is still going on he/she has to find a job in a company which is in the same state in which 485 was filed .

Any information about this????????

Thanks in advance.
 
I am not sure if it is a rule. But, I read somewhere in the forum that Baltimore local office has taken this position and they are awaiting directives from the HQ.

I think this rule will not stand a chance when challenged in court. They are going nuts...
 
Thanks gc791188
Do you think all cases filed in Maryland will be transferred to Baltimore local office? I filed my case in Maryland and i might be laid-off today . I just want to know if i can find a job in DC metro , Northern Virginia or do i have to restrict myself to Maryland??????? Any clues??????
Thanks.
 
I guess if you are working for a consulting company, usually they state that depending on the client location you might be posted anywhere in the country.
 
That would be unfair. People in larger states (Texas, California, have a big advantage over people from smaller states (Connecticut, Rhode Island, etc.).

I hope that they don't implement this into the rule.
 
Here's my posting early this week:
http://boards.immigrationportal.com/showthread.php?s=&threadid=81451

I am not sure why Baltimore came up with the idea ... maybe something to do with the underlying approved LC?
What they're indicating is not even at the 'state' level - they've narrowed it down to the 'Metropolitan' area :mad:
With this very narrow interpretation, if your LC was approved for Houston, TX and now you work in Dallas, TX - your I-485 is deniable!!! :mad:
 
Nothing to worry

check the thread about the narrow interpretation. My lawyer asked me not to worry since I will be moving across 7 states (from midatlantic to Northeast). I had specifically asked him about this thing that had happened. another person's lawyer (in the same thread) had also asked her not to bother with that because the AC21 allows you to move throughout the country. In fact people have been moving across different service centers also and no problems have ocurred.

p.s check Ksv post
 
Last edited by a moderator:
Re: Nothing to worry

Originally posted by ag28
another person's lawyer (in the same thread) had also asked her not to bother with that because the AC21 allows you to move throughout the country. In fact people have been moving across different service centers also and no problems have ocurred.
Click to expand...

There's been a lot of confusion on this subject, so let's clear a few things up.

First, the Baltimore local office believes that if you use AC21 to switch to a different major city, the LC portability no longer applies. Please note the term MSA, not state. Labour Certifications work on the basis of Metropolitan Statistical Areas, not states. If you are in a large state like New York, you cannot move from NYC to Buffalo and be OK. You could, however, move from NYC to Newark and be OK, since it's the same big city.

Second, AC21 says absolutely nothing about "allowing" you to move across the country. It says absolutely nothing on the subject. It merely states that the underlying LC will be valid if the beneficiary switches employers in a similar occupation. Most SCs and local offices have taken the opinion that you can switch MSAs, but the legislation is quiet and BCIS could legally take the opinion that only the employer can change, not the MSA. This is one of those situations where if your attorneys were smart, they'd write the magic words "and other unspecified locations through the United States" to make your LC work in all 50 states. Mine did.

I'm not going to guess that BCIS will adopt this definition. They probably won't. I will say that legally they would be entitled to, and this is the risk we all face since AC21 is such a vague area. Some times you win from that, other times you lose.

Your best bet when using AC21 is to switch as little as possible.
 
I must admit that before approval, I was also worried about little things. My ability to think straight was impaired because of all those uncertainties surrounding us.

After approval, when I look back, I think all my worries were not worthy of the cause. Not because I am approved, but because I have still not heard any case being rejected due to problems in AC21. People with less salary have got approved and so have the people who changed the state and even the service centers.

I feel that all BCIS wants to make sure is that one does not become a public charge after approval. I also feel that so was the intent of the Congress when they passed AC21. It could just be that probably Baltimore officers are overly cautious and they rather want to be safe than sorry. I am pretty sure that HQ's directive will not affirm their position.

Last, but not the least, why are we not hearing it from other sites like Murthy.com, immigration.com, immigration-information.com etc? Is it not possible that some lawyers are trying to sensationalize the rumors in order to attract visitors?
 
Originally posted by gc791188
After approval, when I look back, I think all my worries were not worthy of the cause. Not because I am approved, but because I have still not heard any case being rejected due to problems in AC21. People with less salary have got approved and so have the people who changed the state and even the service centers.
Click to expand...

Absolutely. The implementation of AC21 has had a lot of common sense and has worked out very well for a lot of prospective immigrants. That's great news.

However, good attorneys will tell you that you want to take no more chances than necessary. You need a job. If your only job is in a different city/state for substantially less money, you need to take it and make the best of it. If you're deciding between similar jobs and pay but different cities, wait to see America until after you get the Green Card.
 
Most of the confusion around AC21 is because of some halfwit immigration lawyers making up their own interpretation of AC21. Remember - half the attorneys have graduated at the bottom 50% of their class :D :D Just stick to advice from a reliable source (e.g. Murthy.com or from Rajiv Khanna). The rest are just quacks. Worrying about things that *may* happen will only recede your hairline.
 
Re: murthy's faq

Originally posted by lz25888
http://www.murthy.com/UDac21qa.html#9

Question 9 : Does the new job have to be in the same geographic area as the job in the labor certification? TOP

No. Again based on the June 2001 INS Guidance, there are no geographic limitations on the job.
Click to expand...

Absolutely correct. There are no restrictions placed in the INS Guidance, but that's merely an implementation memorandum. BCIS could change that at any time, and that's exactly what Baltimore is asking them to do.
 
That was from the INS era .. it's now BCIS era .. who knows what they are going to do with AC21
New government body, new policy, etc. :rolleyes:
 
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