180 days.. when does counting start...

[m_img]

When does 180 days counting start for 485/140 concurrently filing, i.e. is it after 140 approval or after original 485/140 concurrently filing?

Thanks,

 

[Jackolantern]

It starts from the filing date of the I-485. But to safely take advantage of AC21, the I-140 should be approved before you change jobs. It doesn't matter when the I-140 was filed or approved, as long as it's been approved. The 180 days only applies to the I-485.

 

[m_img]

It starts from the filing date of the I-485. But to safely take advantage of AC21, the I-140 should be approved before you change jobs. It doesn't matter when the I-140 was filed or approved, as long as it's been approved. The 180 days only applies to the I-485.

Thanks!

Just to be clear... if...

I-140 and I-485 submitted on Jan 1, 2008
I-140 approved on July 1, 2008
I-485 pending on July 1, 2008

Since I-485 is pending for more than 180 days on July 2,2008...

So, one can change job after July 2, 2008.. correct?

Thanks,

 

[Jackolantern]

Correct. The day the I-140 is approved you're good to go, assuming you've completed 180 days since filing the I-485.

Technically you can even change jobs while the I-140 is still pending, but you run the risk of the I-140 being withdrawn by the employer, or being denied because the employer refused to respond to an RFE (if you are no longer working for them they might not bother to respond). So the safe thing is to wait for I-140 approval.