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Question on AC21 180 days
- Thread starter mxc
- Start date
double_jeopardy
Registered Users (C)
Though many people in this site have said it is the RD, I would go with ND to play it safe as they are only 5 days apart.
-DJ
RD JAN 03,2002
ND JAN 08,2002
FP OCT 24,2002
AD ?
No RFE so far
-DJ
RD JAN 03,2002
ND JAN 08,2002
FP OCT 24,2002
AD ?
No RFE so far
Sankrityayan
Registered Users (C)
Originally posted by mxc
Does the 180 day period start from notice date or receipt date? My receipt date is 03/26/03 and ND is 04/01/2003. Online msg says your appilcation was received on 04/01/03.... Does this mean 180 day starts from 04/01/03?
Thanks
The 180 day period is to be counted till the day your I-485 is adjudicated by the BCIS. Under AC-21 rules, you can change jobs technically the next day after your I-485 is filed, and you will be protected as long as the BCIS does not adjudicate your application within 180 days of your filing (beware, if you actually did this, there would be all kinds of 'intent' issues to deal with) and as long as your former employer also refrains from revokiing your I-140 during this period.
The last I heard, BCIS is taking 570 to 600 days to adjudicate employment based I-485s, so unless you are in a special stream (like say, a former soviet bio-weapons researcher), you do not need to worry; it will be 180 days over about four times before they come to your case!
Go forth and prosper!
Last edited by a moderator:
Re: Re: Question on AC21 180 days
I don't get it. Once 485 is adjudicated, AC21 is no longer an issue.
Originally posted by Sankrityayan
The 180 day period is to be counted till the day your I-485 is adjudicated by the BCIS.
I don't get it. Once 485 is adjudicated, AC21 is no longer an issue.
Sankrityayan
Registered Users (C)
AC-21 portability is available as long as:
1. BCIS does not adjudicate an I-485 within 180 days of filing, and
2. the sponsoring employer does not revoke an approved I-140 within 180 days of filing the I-485
It does not matter when the change of job actually occurs as long as it occurs before the I-485 is ultimately adjudicated, because once the adjudication occurs, the portability of an I-140 endowed by AC-21 scopes out.
1. BCIS does not adjudicate an I-485 within 180 days of filing, and
2. the sponsoring employer does not revoke an approved I-140 within 180 days of filing the I-485
It does not matter when the change of job actually occurs as long as it occurs before the I-485 is ultimately adjudicated, because once the adjudication occurs, the portability of an I-140 endowed by AC-21 scopes out.