AC-21, I-140 question

S

skjy

Registered Users (C)
Hello,

My employer filed for my adjustment of status in October of 2003. My EAD was approved in December. According to the AC-21 portability requirements, I should be elegible for changing jobs in april of 2004 (180 days). Do I need to have an approved I-140 when I go for another job under AC-21? If I don't can my current employer withdraw my I-140 application after the 6 month period? I would not like to jeopardize my situation but would definately want to know my options. Any advice on this would be helpful..Thanks!
 
Originally posted by skjy
Do I need to have an approved I-140 when I go for another job under AC-21? If I don't can my current employer withdraw my I-140 application after the 6 month period?
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Your employer can withdraw the I-140 at any point before it is approved and you have no recourse, or GC.

After the I-140 is approved and your I-485 has been pending more than 180 days, the employer can still withdraw the I-140, but the effect is not fatal. It will most likely trigger an NOID so you need to ensure you have a new employer lined up.
 
TheRealCanadian
What is mean by NOID and person has another employer lined up means have to start GC from start with New empoyer??
just confused, Could u pl.explain that would be great

Thanks,
rb180
 
notice of intend to deny..... once you get that you can file a appel with new employer's EVL and get your case approved. thats why you should have a new emplyer lined up after your 140 is revoked after 6 months.
 
What is mean by NOID and person has another employer lined up means have to start GC from start with New employer??

----- NOID= Notice of Intent to deny, your I-140 is NOT approved you can change employer after I140 APPROVED and I-485 pending more than 180 days to use AC21.
If your employer revokes I-140 before I-140 approval you have to start the GC process from beginning. Better stick with your current employer and wait for I-140 APPROVAL, don’t jump to new employer at this time .
 
Originally posted by rb180
What is mean by NOID and person has another employer lined up means have to start GC from start with New empoyer??
Click to expand...

A Notice of Intent to Deny is USCIS' way of saying "we're going to deny your case unless you give us a reason not to." It's like an RFE with a 30-day limit. You send in your EVL at that point (no need to appeal like someone else said, since you're not denied yet.)

However, if your I-140 is NOT approved, then AC21 doesn't kick in and you need to start from scratch with a new employer. Hence the real benefit to waiting until the I-140 is approved.
 
TheRealCanadian & ginnu
is it possible to withdraw 140 after approved and 180 days also passed for a employer in any case, employee will produce EVL immedieatly but there is any chance OR Provision under that Employer can appeal to withdraw 140 after approved and also 180 days passed?
Pl.let us know

Thanks,
rb180
 
Originally posted by rb180
there is any chance OR Provision under that Employer can appeal to withdraw 140 after approved and also 180 days passed?
Click to expand...

The original employer can request withdrawal of the I-140 at any point in time.

If the I-140 has not been approved, then your GC is toast. Bye bye. If the I-140 has been approved but the I-485 has been pending less than 180 days, same thing.

If the I-140 is approved and the I-485 has been pending more than 180 days, then USICS will issue you an NOID and then you will need to hop quickly and submit the new EVL within 30 days.

I've said this before. What part do you not understand?
 
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