180 Day portability rule??? Please help

E

Explorer19

Registered Users (C)
Hi all

For concurrent filing of I-140/I-485 (based on labor substitution)
When does the counter for 180 day start?

Is it 180 days from the receipt date of I-485 (suppose I-140 is still pending)

Or is it 180 days from the I-140 approval date?

Please advice

Thanks in advance
 
Hi all

For concurrent filing of I-140/I-485 (based on labor substitution)
When does the counter for 180 day start?
---- from they day you get I-140 and I-485 filing receipt, 180 days for I-485 pending are counted from RD
Is it 180 days from the receipt date of I-485 (suppose I-140 is still pending)
--- yes, but to use AC21 your I-140 Must be approved
Or is it 180 days from the I-140 approval date?
Please have a look:
http://murthy.com/UDportis.html

Take the print out and Read the AC21 august Memo that is latest:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
 
H1 expired on 12/01/2003
EAD approved 07/24/2003
AP approved 07/22/2003
485 applied 07/01/2003
140 approved 11/05/2003


Now I am out of project, can change my employer at this stage ?

Please advice me..
 
Originally posted by rajibda
H1 expired on 12/01/2003
EAD approved 07/24/2003
AP approved 07/22/2003
485 applied 07/01/2003
140 approved 11/05/2003


Now I am out of project, can change my employer at this stage ?

Please advice me..
Click to expand...

Arguably, yes. Your I-485 has been pending for more than 365 days. AC21 seems to start the clock when the I-485 is filed, not when the I-140 is approved. Of course, this is not surprising since it was inpossible when AC21 was written to file an I-485 without an approved I-140 (for EB processing). Since there are no implementing regulations for AC21, the precise answer may change but at this point I would recommend arguing that the I-485 was filed more than 180 days ago and therefore you are exercising portability under AC21.

As long as there are no regulations or guidance stating otherwise, I think that argument is a winner.
 
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