AC21 law

J

jits1609

Registered Users (C)
Gurus,

Has there been any change in the AC-21 law yet regarding to the validity to file for AC21.

Is this true ?

1) 180 days after filing I485 AND CLEARING I140

OR

2) 180 days after filing I485 AND any status of I140

I heard it that nowadays with delayed processing of I40 option 2 people can also file for AC21 . Is this true ?

Thanks in advance. :rolleyes:
 
Originally posted by jits1609
Gurus,

Has there been any change in the AC-21 law yet regarding to the validity to file for AC21.

Is this true ?

1) 180 days after filing I485 AND CLEARING I140

OR

2) 180 days after filing I485 AND any status of I140

I heard it that nowadays with delayed processing of I40 option 2 people can also file for AC21 . Is this true ?

Thanks in advance. :rolleyes:
Click to expand...

You deserve a big treat if the point number 2 is correct.
I am feeling delighted even with the thought of it.
 
Option 2 is applicable only if the sponsoring company is OK with you leaving them and agrees to continue sponsoring your petition.
They can withdraw the application if they want so BEWARE.
Rasmeek
 
The rule is simple and clear - after 140 approval and > 180 days of filing 485.
But in reality it works out even if 140 is not approved and you quit/fired. Provided the employer does not revoke petition and/or continues to support the 140.
Regarding > 180 days of 485 - This also works out provided BCIS does not adjucate the485 withing 180 days. This is almost never the case.

The other important rule is employer can not revoke an approved 140 provided the 485 is pending > 180 days. An attempt by employer (after 180 days) results in an RFE. You can respond to REF by showing the new similar job.
HTH
 
The rule is simple and clear - after 140 approval and > 180 days of filing 485.


sb_tiger

Actually the rule is not very clear. The law explains that 140 is portable after approved and 485 pending for more than 180 days.
AC21 no where clearly states that if 140 is not approved, one can not change the job.
However, it also says some provisions of earlier notifications would also continue in which it says 180 days after approved labor or 485 application date.
What ever we are writing that 140 approval is required is probably implied based on what is clearly written in AC21, not based on what loop holes are still open.
May be some day USCIS would clearly indicate what the law is.
 
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