AC21/I-140/I-485 Portability question

H

heydonotquit

Registered Users (C)
Gurus,

I am new to this website... and am very impressed by not only the knowledge of participants but also their willingness to help others!!!

My case details are at the bottom of this email...

Question:
(a) Is it ok for me to change jobs (AC21) after I-1485 has been pending > 180 days.....

(b) If yes, can there be any affect on my case if the I-140 sponsoring employer revokes the I-140.......



Thanks in advance,

Regards,
Hey Donotquit


==================================
Case Details:
==================================
EB3 - LC - Substitution @ VSC
Concurrent Filing: I-140, I-485, EAD, AP
FedEx Date: 12/xx/04
RD: 12/xx/04 (I-140, I-485, EAD, AP)
ND: 01/xx/05 (I-140, I-485, EAD, AP)
I-140 --> AD: 02/xx/05
EAD --> AD: 02/xx/05
AP --> Waiting
FP --> Waiting
I-485 --> Waiting
==================================
 
reply inset...

heydonotquit said:
Gurus,

I am new to this website... and am very impressed by not only the knowledge of participants but also their willingness to help others!!!

My case details are at the bottom of this email...

Question:
(a) Is it ok for me to change jobs (AC21) after I-1485 has been pending > 180 days.....

Yes, you can change jobs with a I-140 approval and after your 485 is pending for > 180 days.

(b) If yes, can there be any affect on my case if the I-140 sponsoring employer revokes the I-140.......

This is all assuming after 180 days of 485 pending. If your employer doens't revoke the approved I-140, nothing to worry. If he does revoke and USCIS revokes your I-140, then you will have to go through one additional step of appealing the denial of your 485 (because USCIS will deny your 485 if your 140 is revoked) invoking AC21. There are USCIS memos to this extent that employer loses control on a approved I-140 after 180 days.


Thanks in advance,

Regards,
Hey Donotquit


==================================
Case Details:
==================================
EB3 - LC - Substitution @ VSC
Concurrent Filing: I-140, I-485, EAD, AP
FedEx Date: 12/xx/04
RD: 12/xx/04 (I-140, I-485, EAD, AP)
ND: 01/xx/05 (I-140, I-485, EAD, AP)
I-140 --> AD: 02/xx/05
EAD --> AD: 02/xx/05
AP --> Waiting
FP --> Waiting
I-485 --> Waiting
==================================
Click to expand...
 
heydonotquit said:
Gurus,

I am new to this website... and am very impressed by not only the knowledge of participants but also their willingness to help others!!!

My case details are at the bottom of this email...

Question:
(a) Is it ok for me to change jobs (AC21) after I-1485 has been pending > 180 days.....
---- I-485 PENDING more than 180 days AND I-140 approved and iof you get new job with same/similar job duties and the new employer is ready to give you future permanent job offer letter then you can use AC21, at this time your I-485 is not pending more than 180 days and you are not eligible for AC21
(b) If yes, can there be any affect on my case if the I-140 sponsoring employer revokes the I-140.......
------- Better change the job after I-140 approval AND I-485 pending more than 180 days and send AC21 letter


Thanks in advance,

Regards,
Hey Donotquit


==================================
Case Details:
==================================
EB3 - LC - Substitution @ VSC
Concurrent Filing: I-140, I-485, EAD, AP
FedEx Date: 12/xx/04
RD: 12/xx/04 (I-140, I-485, EAD, AP)
ND: 01/xx/05 (I-140, I-485, EAD, AP)
I-140 --> AD: 02/xx/05
EAD --> AD: 02/xx/05
AP --> Waiting
FP --> Waiting
I-485 --> Waiting
==================================
Click to expand...
 
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