Strange situation.....need help!!!

Also remember that INS will at least in part be taken over by the Department of Homeland Security. Since September 11, all of Washington has changed its focus and seems to be interested almost exclusively in security issues. INS' "guidance" on AC21 was published in June 2001, since then the focus has changed. I sure wouldn't expect things to get easier and more inclusive any time soon.

My advice is always to be safe if you have a choice. That probably means not changing jobs at all until after GC approval if possible. Obviously, this is not possible for some (most) people but I certainly would wait for 6 months post I-140 approval and then ensure the job is as "similar" as possible.
 
Jim,
Is your note above addressed to me too?
In other words though my GC is for future job, can I still join a different employer (similar job) after 6 months of I-140 approval?
Thanks un advance.
 
There are no implementing regulations for AC21 so there is no way to know. There is nothing in AC21 that would limit its application but that doesn't mean that INS will not make it up when it creates implementing regulations. I could give examples where the law appears to say one thing but INS interprets it in another way.
 
Thanks very much Jim.

It shatters all my hopes. The company that sponsors me the GC as a future employee won't be able to recruit me in the near future. As I would be losing my job soon, I had the hope of using my EAD (hopefully it would come in another 2 months) to get a job.

When INS takes up my case and assuming that I have used my EAD to work for a different employer at that time,

1) will they outrightly deny my GC or will they give me a chance to prove that I will join my sponsor after the GC approval?

2) In case they don't accept my proof that I will join my sponsor after GC approval, will they consider if I say that I'll immediately join my sponsor?

Thanks again Jim for all your help.
 
Don't let my comments (any of you) shatter your hopes. When giving advice here I am somewhat pessimistic since I do not want anyone to rely on promising advice that I give and then have problems as a result. All cases are different and all that you can do is ensure that the case is handled properly and the best possible response is submitted to an RFE or notice of intent to deny (NOID). I've seen approvals of cases that I did not think would be approved without serious problems so don't worry about it. When I am handling a potentially problematic case, I try to document everything I can as best as possible to avoid an RFE, plan what I will do if I get the anticipated RFE and then wait and see what happens. Sometimes INS questions it, sometimes they do not.
 
Concurrent filer will get i485 approved earlier?? Jim please advise

Jim,

From your previous quote it seems that concurrent filers will get their GC eralier as there will NOT be much gap between i-140 and i-485 approval, is it correct??

I am a concurrent filler too, I have filed my i-140/ead/fp/485 in Oct, I have received approval for EAD and FP, waiting for i-140, once I get my i-140, how long can it take to get i-485 approved??

Thanks


Quote :

a) Why is the processing times for 140 just 6 months and 14months for 485. Shouldnt the INS specify the same processing times ?

Because not all cases are filed concurrently and some I-140s are then followed by Consular Processing.
 
different opinions

Jim Mills:

"INS has stated (they do not seem to be following this in all cases so it is very up in the air right now) that it will not approve I-140s for concurrently filed cases until it adjudicates the I-485 (again, I know that they are not following this in some cases, I'm just reiterating what INS has said) and that the 180 day clock for AC21 purposes would not start until the I-140 is approved. This effectively would mean that AC21 would not apply to concurrently filed cases since the I-140 and the I-485 would be approved at the same time."

I apologize but I plainly think that INS has made a typo. What they meant should have been "I-485 won't be adjudicated until underlying concurrent I-140 is approved", and they are of course betting that I-485 always takes longer. This makes much more sense. INS made typos earlier, e.g. a couple months ago VSC processing time for I-485 was suddenly listed as "9/15/2002" instead of "9/15/2001". Personally, I am quite convinced that that is what they were trying to say.

Concurrent filing:

I think that if AC21 enables us to "not get penalized for switching jobs because INS has failed to adjudicate I-485 in 180 days", and concurrent filing gives us the benefit of receiving I-485 benefits such as AP and EAD sooner (without waiting for I-140), I would think the whole 180-day-switch-your-job benefit should start from the I-485 filing date regardless of when the I-140 is approved. Otherwise the intent of concurrent filing will be harmed, won't it? And in immigration law (also on a case-by-case basis), isn't "intent" one of the big words?

Concurrent I-140 processing times:

I have applied for concurrent EB2 I-140/I-485/I-765/I-131 (with labor substitution) at VSC toward the end of August 2002. My I-140 was approved October 22nd, and I got AP and EAD a few days later. I think, based on a recent INS VSC memo, that initially VSC has promised to "quickly adjudicate concurrent I-140s <90days to enable issuance of AP and EAD and eliminate frivolous concurrent-for-the-sake-of-EAD filings", (my I-140 receipt notice listed processing times as 60-90 days) but later the applications became so many that they "can no longer quickly adjudicate concurrent I-140s and can only preview them within the 90-day timeframe". That would explain why for a few months concurrent I-140s seemed to go so fast.

I am not a lawyer, these are merely personal guesses that I have come up with based on reading from different sources.
 
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good explanation!!!

bumblebee,

I agree with you totally regarding AC21 law for concurrent filers. You were one of the lucky ones who got their I-140 approvals in a pretty fast time.

By the way, since yours was a Labor Substitution, did you get any RFEs during your I-140. Also, did everything of yours (educational reqs/job title/job responsibilities/experience/salary) matched the substituted LC??

I am in the same path, hence curious to know the details.

Good Luck in your I-485.

Cheers.
 
an_anonymous,

No RFEs on my I-140. I have never seen the substituted LC or I-140 so I have no idea how much they were matching. My company / lawyers never gave me a glimpse.
 
If it's a typo, INS has made it several times, from various service centers and it has been reiterated verbally and in AILA postings on several occassions. I sure do not know what INS is trying to say but I certainly do know what they are very clearly saying. I also realize it is not always what they are doing. Believe what you want to believe and rationalize it any way you want but it certainly doesn't appear that INS knows what INS is trying to say, therefore I wouldn't count on anything.
 
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