AC21 Requirements

[ssacr]

Where does it say that I140 should be approved to be eligible to apply for AC21. All I can find is that it should have been more than 180 since I485 is applied. Can any one point me to where it says I140 should have been approved in addition to 180 or mode days with I485.

 

[blessed_by_INS]

Yes it is requirement

Initially this was grey area and people were intrepreting the the act in it's own way.But latter some memos/interim memos clarified that.you can check one such memo namely Yate's memo.These memos clarified that 140 has to be approved.The reason AC21 just says 180 and 485 ,becaz when AC21 came ,there was no concurrent filing.You can search Murthy.com on this topic.But bottomline is 140 approved / 180day after 485 and similar jobs description.Hope it will help.

Where does it say that I140 should be approved to be eligible to apply for AC21. All I can find is that it should have been more than 180 since I485 is applied. Can any one point me to where it says I140 should have been approved in addition to 180 or mode days with I485.

 

[AtlGC_Guy]

To qualify for AC21, your 485 has to be pending for more than 180 days and the job needs to be same or similar classification.
Regarding 140, there is no requirement that it has to be approved at the time you change jobs using AC21 but it NEEDS to be approved eventually prior to the adjudication of 485.
The only problem if the 140 is not approved at the time of making the job change is the risk of employer revoking the unapproved 140.
If the 140 is not approved, it is revokable.Once it is approved, the previous employer can still try to revoke but AC21 covers you and you are safe.

 

[Rose101]

job needs to be same or similar classification

I am employed as 'Systems Analyst' by H1B employer (for last 5 years) who also processed my GC for position 'Software Engineer' (LC has this position). So if I opt for AC21, similar job specification is according to LC. Is that correct ?

To qualify for AC21, your 485 has to be pending for more than 180 days and the job needs to be same or similar classification.
Regarding 140, there is no requirement that it has to be approved at the time you change jobs using AC21 but it NEEDS to be approved eventually prior to the adjudication of 485.
The only problem if the 140 is not approved at the time of making the job change is the risk of employer revoking the unapproved 140.
If the 140 is not approved, it is revokable.Once it is approved, the previous employer can still try to revoke but AC21 covers you and you are safe.