180 days clock\'s I-485

K

kkawan1

Registered Users (C)
Hi All,

I need someone could explain regards of this situation:

Last month, I have my I-140 approved and due to the Company Name changed, company decided to file for I-140 amendment. My Lawyer said that I can file the final stage now I-485 with the old I-140 approval. Question is how 180days will count from ??. From the RD date of I-458 ? or have to wait the I140 amended get approved first then INS will started count 180 days from there? Please help.....

Thanks in advance.
 
There are no regulations regarding AC21 and the 180 day rule

When the 180 day clock would begin in this situation is not definite.

Jim

Jim Mills
(Formerly Jim M)
Attorney at Law
732-644-5702
 
Same situation

I am in the same situation.
Had an approved I-140 with a different company, was waiting for PD to become current when sponsoring company was acquired. The new company filed I-140 amendment in 5/01 which was approved after an RFE(8/01) in 12/01.
However new company also applied I-485 in 6/01 as PD became current. Got my AP/EAD/FP all while waiting for I-140 amendment to get approved.

My contention is that 180 days still applies to I-485 receipt date as it was a valid application once the I-140 amendment was approved. AC21 is quiet clear - If AOS petition is unadjudicacted 180 days after it was received, the I-140 is portable. In this case the ammended I-140 would be portable.
 
If INS agrees, you have no problems

If INS disagrees, I hope you have a lot of spare time and money to litigate in federal court.

Jim
(formery Jim M)
 
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