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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 11-28-2007, 01:01 PM
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Default Receipt Dates when cases transferred !!

Hi All,
I have come across situation where people who primarily filed 485 to NSC and their cases have been transferred to Texas or other places. In their notices the receipt date has been mentioned as the date on which the case received later by another service(TSC, CSC etc) center and not the date on which the case was first received by NSC.
So technically it is not the fault of the applcant and in some cases they lose 3 or more months for AC21.
Can someone or moderators explain if one can argue with USCIS to put the receipt date as the original for AC21 considerations.

Thanks & Regards
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  #2 (permalink)  
Old 11-28-2007, 01:07 PM
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Default I think it is still the original RD which counts

I remember reading somewhere on the forum that in this situation, the original RD is counted for AC21. I think when it comes to the processing times at that particular service center, then the new RD date counts..Others, please confirm this as this affects many of us...
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  #3 (permalink)  
Old 11-28-2007, 01:09 PM
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Default My Recd Date is 2nd Jul

I filed at NSC on 2nd Jul. My recd date is 2nd Jul from TSC. Although when I check online it shows a date in Aug.

Mammoy2k

Quote:
Originally Posted by sumansk View Post
Hi All,
I have come across situation where people who primarily filed 485 to NSC and their cases have been transferred to Texas or other places. In their notices the receipt date has been mentioned as the date on which the case received later by another service(TSC, CSC etc) center and not the date on which the case was first received by NSC.
So technically it is not the fault of the applcant and in some cases they lose 3 or more months for AC21.
Can someone or moderators explain if one can argue with USCIS to put the receipt date as the original for AC21 considerations.

Thanks & Regards
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I-140/I-485 check cashed on 27th Aug at TSC
EAD/AP check cashed on 27th Aug at NSC
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  #4 (permalink)  
Old 11-28-2007, 02:09 PM
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Default

Quote:
Originally Posted by sumansk View Post
Hi All,
I have come across situation where people who primarily filed 485 to NSC and their cases have been transferred to Texas or other places. In their notices the receipt date has been mentioned as the date on which the case received later by another service(TSC, CSC etc) center and not the date on which the case was first received by NSC.
So technically it is not the fault of the applcant and in some cases they lose 3 or more months for AC21.
Can someone or moderators explain if one can argue with USCIS to put the receipt date as the original for AC21 considerations.

Thanks & Regards
My case reached VSC on july 3 which was then transfered to TSC and my receipt shows Aug 8 as RD. I called the cust service at USCIS for this but they did not help and said they can do nothing and that I could send a letter explaining it to uscis... I tried to explain him about the loss of 1 month for my AC21 but why would he care... I did not want to argue with him too much either...
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  #5 (permalink)  
Old 11-28-2007, 02:14 PM
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Default

I think that there should be a clarifications from the USCIS about this issue and I am sure if the moderators help, can they take up this matter to be raised by the AILA during their regular meetings of AILA and USCIS.
This is very important to those who are sitting and waiting to change jobs ...
__________________
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-Gita Ch.5, verse 21
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"Rally contribution-$100.00"
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