AC21 Portability Question

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nervewreck

Registered Users (C)
Couple of my friends are in a predicament and I seek your opinions on their situation.

Will someone be portable when 140 is pending, after concurrent filing of 140 and 485 is done more than 6 months ago ?

What if a person is gets layed off after filing for 140 and 485 more than 6 months ago and both are in pending status? He did receive his EAD and AP thru this employer.

Can a person chose to leave the current employer and work for someone else using EAD, when 140 and 485 from the existing employer are pending?

Please advise.
 
So, from what I understand on this...if my friends use AC21 portability, before 140 is approved and after 6 months of concurrent filing, and if there are any hurdles encountered in the 140 Approval (RFE, etc) then they will be in serious trouble with respect to jeopardizing their whole GC process.

Although permissible, the safest bet is to wait until 140 gets approved and only then move on.

Thanks a lot for all your information folks. This surely helps clear some confusion for these ppl.
 
nervewreck said:
Couple of my friends are in a predicament and I seek your opinions on their situation.

Will someone be portable when 140 is pending, after concurrent filing of 140 and 485 is done more than 6 months ago ?

What if a person is gets layed off after filing for 140 and 485 more than 6 months ago and both are in pending status? He did receive his EAD and AP thru this employer.

Can a person chose to leave the current employer and work for someone else using EAD, when 140 and 485 from the existing employer are pending?

Please advise.
Click to expand...

No, you need to have an approved I-140 AND then have an I-485 in process for 180+ days.
 
nj_skm said:
No, you need to have an approved I-140 AND then have an I-485 in process for 180+ days.
Click to expand...

This is not the case; if the I-140 was pending over 180 days and 'approvable' then one could port. The problem is that one does not know that the I-140 is approvable without additional evidence until it actually gets approved.

As a practical matter, the I-140 therefore needs to be approved, but in a worst-case scenario one could try and port before I-140 approval if the I-140 is straightforward and can be approved.
 
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