The 180-day Portability Rule - Clearing Up Misconceptions

[shyradish]

Guys, apparently, there was not much clarity given to this and it took different forms and shapes. There is a general thought that it would be purely at the disposal of the INS officer that a case\'s existance could be predicted. - 180 Days - really means nothing by itself. Please read the following to understand my point of view (which evidently changed after reading this article)
http://immigration.about.com/library/weekly/aa012902b.htm
Thanks

 

[Jim Mills]

A good opinion that answers alot of questions.

I agree with most of his opinions and I also believe that several are valid interpretations. The problem I have is that Carl Shusterman even makes the statement that "My experience working for the INS in the late 1970\'s and early 1980\'s has convinced me that there are certain people in INS Headquarters in Washington D.C. who will always adopt the interpretation which is most antithetic to the interests of the immigrant. Unfortunately, some of these people write the INS regulations." Since there are no implementing regulations for AC21 (as he also points out) how can he be so certain that changes in employment before 180 days will not cause problems, of anything else for that matter? INS guidance has no force of law and can be changed or reversed, or just not followed, without notice.

Sheela Murthy, Carl Shusterman, Jose Latour, and other attorneys (and even the different INS service centers) all have different opinions on the correct interpretation of AC21. Only one interpretation will be correct and that will not be spelled out until the implementing regulations are published.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702