ac21 rumor

H

hopeful2004

New Member
I have recently heard a rumor that changing jobs thru AC21(when I485 has been pending for 180 days or more) there are some new constraints. I am not sure what the constraints are but I heard something to the effect of - Employer can cancel the I140 or I485 process. This is 3rd hand information and I do not mean to scare anybody. I am in a position where I soon need to make a decision about taking up a new job using AC21. My I485 is pending for 16 months now.

Appreciate feedback. Thanks very much.
 
The only change that came into law is the as per the new Memo posted on Murthys web site 2 DAYS BACK IS that though I-140 & I-485 are filed concurrently, BICS will not start processing of I-140 until I-485 file is opened and since usage of AC 21 pre-requsite that I-140 is approved, people who filed concurrently will not able to use AC 21.

****THIS IS JUST MY UNDERSTANDING AFTER READING THE MEMO FROM MURTHYS SITE BUT PLEASE EXCUSE ME IF I MIS UNDERSTOOD .
 
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There is a very important Memo that was released in Aug 04, 2003. You can read it on Murthy's web site:
http://www.murthy.com/news/UDportme.html

New Job Must Be "Same or Similar"

The Memo states that if the I-140 petition has been approved and the I-485 applicant takes a new job in a "same or similar" position after the I-485 application has been pending 180 days or longer, then the underlying I-140 petition remains valid under AC21. In a footnote, BCIS mentions that the underlying Labor Certification also remains valid if the same conditions are satisfied.

If the I-485 has been pending fewer than 180 days, then the approved I-140 petition shall not remain valid and shall not entitle the foreign national to work with a new employer or in a new job under AC21.
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