AC21-Portability Q from Experts

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lcwanted04

Registered Users (C)
Hi,

I have following questions on: if I file my I-140 and 485 together and after 6 months I change the job on EAD before I-140 is approved.

1: Who will reply if they ask for the ability to pay the prevailing wages in the RFE of I-140?
2: Will I be dependent on the company who filled for the LC?

Could you, please also let me know your views in case the company who filled the Labor is financially weak, which may force me to join the company who is financially stronger?

I will really appreciate your view.

Thanks and Regards,
RK
 
The conservative view is to join the new company only after I-140 is approved and your I-485 has remained unadjudicated for more than 180 days. Now to answer your question

1> I-140 ties your application to the sponsoring employer. So RFE's are directed to the company who filed for your LPR (Legal Paermanent Residency).
2> Yes, you will be dependent until you get the I-140 and past the 180 days limit.

Since you are dependent on I -140 and I-140 is dependent on Labor, you cannot get them transferred to the new company.

Hopefull.

>> Trust in god, but I have my bags packed..
 
lcwanted04 said:
Hi,

I have following questions on: if I file my I-140 and 485 together and after 6 months I change the job on EAD before I-140 is approved.

1: Who will reply if they ask for the ability to pay the prevailing wages in the RFE of I-140?
2: Will I be dependent on the company who filled for the LC?

Could you, please also let me know your views in case the company who filled the Labor is financially weak, which may force me to join the company who is financially stronger?

I will really appreciate your view.

Thanks and Regards,
RK
Click to expand...

To hopefull1's reply - I would add following - it is not going to make any difference if you join a financially strong company. You 140 sponsors have to defend your case.
 
AC21 Portability reply from Attorny ...

I got the followign reply for AC21 Portability question from my Attorny ...

Question:- It seems the concurrent processing after April 30 has some problem. Which is, AC21 portability is gone as 140 approval will take lot of time.

Reply:-
much too early to say; what triggers portability is "lengthy adjudication", meaning that the application has been pending more than 6 months without cis making a decision on it; it is extremely unlikely that either i-140s or i-485s will be adjudicated in less than 6 months any time in the near future

just by way of example, i have had clients change employers 2 months after the i-140/i-485 filing; the i-140 was approved 11 months later; and a year after that, the i-485 is before an examiner; the examiner sends an RFE asking either for a letter form the i-140 employer or the current employer (if current employer, they look for same occupation and wage: they don't ask when the i-485 applicant started work for that employer; so the cis interpretation SEEMS to be, that so long as 6 months pass without cis adjudication, it doesn't matter WHEN the applicant changes jobs

what the chat room folks are probably worried about is, if the i-140 and i-485 are truly adjudicated together, what happens to the i-140 if the response to the i-485 RFE shows the person is no longer employed by the i-140 sponsoring employer
 
that's a good point of view ....

"if the i-140 and i-485 are truly adjudicated together, what happens to the i-140 if the response to the i-485 RFE shows the person is no longer employed by the i-140 sponsoring employer "


That was an excellent point which I have never heard before. Now I am getting confident that I can leave my blood sucker(employer).

would you mind to PM me about your attorney info, so I can fire my stupid attorney (Employer's agent) though gets all money from me.

thanks in advance.
 
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