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Registered Users (C)
If any of you guys have come across some cases, where 485 was denied due to job change after 180 days?.
Chat User : Are there any AC21 denials, provided all AC21 Memo rules are followed?
Attorney Murthy : Yes, there are some AC21 denials that we are starting to see and hear about from others, as well, where the service centers are not following the mandate or guidance of the Legacy INS Memos. Even Dea Carpenter, the Acting Chief Legal Counsel for BCIS, was surprised when she heard that the BCIS was denying certain I-485 cases if the original sponsoring employer revoked the I-140 petition after the I-485 had been pending for over 180 days, since that contradicts the language of AC21.
From Murthy Chat:
Chat User : I filed I-140 and I-485 concurrently in December 2002 and both are still pending. If I change the company now, what will happen to the I-140 and I-485 processing?
Attorney Murthy : As you know, we do not yet have any regulations on AC21 portability. Although the law states that a person may port the I-485 to a new employer, if the previous employer ends up withdrawing the I-140 petition, even after 180 days, some service centers are taking the position that the person's I-485 should be denied. This contradicts the advice given to us by senior officials at BCIS Headquarters on their policy on AC21. So, the bottom line is that there is a risk in changing employers prior to obtaining the GC.
Chat User : Are there any AC21 denials, provided all AC21 Memo rules are followed?
Attorney Murthy : Yes, there are some AC21 denials that we are starting to see and hear about from others, as well, where the service centers are not following the mandate or guidance of the Legacy INS Memos. Even Dea Carpenter, the Acting Chief Legal Counsel for BCIS, was surprised when she heard that the BCIS was denying certain I-485 cases if the original sponsoring employer revoked the I-140 petition after the I-485 had been pending for over 180 days, since that contradicts the language of AC21.
From Murthy Chat:
Chat User : I filed I-140 and I-485 concurrently in December 2002 and both are still pending. If I change the company now, what will happen to the I-140 and I-485 processing?
Attorney Murthy : As you know, we do not yet have any regulations on AC21 portability. Although the law states that a person may port the I-485 to a new employer, if the previous employer ends up withdrawing the I-140 petition, even after 180 days, some service centers are taking the position that the person's I-485 should be denied. This contradicts the advice given to us by senior officials at BCIS Headquarters on their policy on AC21. So, the bottom line is that there is a risk in changing employers prior to obtaining the GC.