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.
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AC21 Requirements
- Thread starter ssacr
- Start date
AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days.
Look at this week's Murthy's bulletin at:
http://www.murthy.com/bulletin.html
Look at this week's Murthy's bulletin at:
http://www.murthy.com/bulletin.html
There is no such provision in law. Because at that time I485 could be filed only if I140 has been already approved.ssacr said: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.
ssacr said: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.
I know a case, which is as follows :
Mr ABC filed concurrently 140 and 485 against his own labor. The GC was sponcered by Company XYZ for which he worked too.
Now after 180 days of his filling he quit the company ... and joined another one. His 140 was not yet approved. He send a appilication to USCIS regarding the change and about his new Job [AC-21].
Company XYZ meanwhile withdrew his application to make a room for a new guy.
USCIS send Mr ABC a letter with intent of denial as employer was pulling the plug ... Mr ABC send the photocopy of application ~ AC-21 . USCIS agreed and later after some days his 140 also got approved ... I am not sure about his 485 ... might be stuck in retrogression.
Hope this helps.