AC21 applicability without 140 approval

[will_get_there]

Friends,

Even though the AILA briefing quotes the USCIS rep. as "140 approval will not be necessary for AC21 portability if 485 is pending for more than 6 months", I still see a lot of kinkers in this and I am sure memo will be delayed on this issue.

How will USCIS counter the fraudulent 140s, those filed with less than required documentation or wrong documentation ?

What about education requirements not meeting the candidate's ed. evaluation ?

Ability to pay issues with the new job or old job ?


If USCIS would issue such a memo, they are putting themselves in a spot such that lot of people will go ahead and file 140/485 together with minimal documentation and mismatched evaluations and hope for a 6 moths delay so they can go scot free. Can USCIS really allow such a thing ??? I guess NO!!

If at all USCIS issues such a memo, they will first put in place some safeguards like "AC21 may be used however if the 140 is denied due to reason 1,2,3,.... blah blah... the eventual 485 will be denied"

So in my view, it is not good to be highly optimistic on this issuse and start planning for job chnages. Even though this is a pessimistic view, based on the USCIS performance till date, I am beter off with pessimism than misplaced optimism.

Comments ......??

will_get_there

 

[jd imm]

Iam not sure how 140 would be handled after 180 days of filing in the above scenario. Will the original employer would still be required to support it(in case or RFE etc) even after the employee has left? The employer would not be happy that the employee has left and if he is asked to provide support to an application where he not getting back anything then ?
-jd

 

[best_hope]

agree

 

[rahul76b]

My understanding is that the new memo will eliminate the risk of the "unapproved" I-140 petition getting revoked by the original employer and the beneficiary having to start the Green Card process from scratch.

The new process would still look at the the employer's ability to pay (but it could be the original or the new employer) and still would require other documents (e.g. degree evaluations etc) to prevent any fradulent activity. You would still need an approved I-140 at some stage in order to get your I-485 approved but the process will be more flexible.

 

[msatl]

Probably because of these complexities the issuance of the memo is delayed. How can we know the status of that memo?

 

[hopefull1]

will_get_there - Agree with you but at least there is some leeway and in extenuating circumstances people can use it.. I dont think anybody will jeopardise there GC process for a few extra bucks..