AC 21 Portability Question

H

honeybee

Registered Users (C)
All,

I have applied I-140/I-458 Concurrent filing in CSC in month of August, 2003. Now a days, I-140 is taking more than 180 days to clear. Is it safe to say that once my I-140 gets cleared, say after 200 days and my I-1485 has been pending for more than 180 days, I can change my job using AC 21 portability.

So basically, I should be able to change my job after 200 days.

Any comments are welcome.
 
search this forum. a few times this topic came up for discussion. at all points of time, it was mentioned that 180 day applies after the 140 approval.
 
Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

http://boards.immigration.com/showthread.php?s=&threadid=103003


http://immigration.about.com/library/weekly/aa090903b.htm


Now how do you get the LC and I140 details for using AC21

Option 1) Request your Employer to give your LC and I140 paperwork.

If this does not work then

Option 2) Hire a new lawyer. Fillup new G28 and request the new lawyer to request your paperwork from your old lawyer. Generally lawyer to lawyer communication should work and you should receive all your info.

If this does not work then


Option 3) Check the below links

http://www.flcdatacenter.com/casesearchperm.asp

http://boards.immigration.com/showthread.php?s=&threadid=92139

http://uscis.gov/graphics/formsfee/forms/g-639.htm

http://www.immigrationportal.com/showthread.php?threadid=83078

Wish you all the best.
 
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