AC21 when 140 not approved

[mustbepatient]

My lawyer's Web site published some notes from the recent AILA conference, with an interesting note from William Yates about portability prior to 140 being approved:

Adjustment Portability Before I-140 Approval

Notwithstanding the August 4, 2003, memorandum from Mr. Yates, it remains unclear whether an adjustment applicant may accept new employment if his or her adjustment of status application has been pending for over 180 days, but the underlying I-140 has not yet been approved.The memo suggests that the I-140 must be approved before an adjustment applicant may port to another employer, but Mr. Yates indicated at the conference that this remains an open and unresolved issue.

URL is: http://www.cooley.com/news/alerts.aspx?id=38592720

 

[sb_tiger]

Lots and lots of people change jobs (often not out of choice) before 140 is approved. If the employer does not stop the 140 process and 140 is subsequently approved and 485 is pending > 180 days- you are a free person. The fact that employer did not stop the 140 process implicitly works in your favor. Also the employer can not revoke approved 140 if 485 pending > 180 days - irrespective when you lost your job. BCIS does not explicitly ask when you changed your job. From your side you simply state - "I am currently working for new employer after 140 approval and > 180 days of 485".

Adjustment Portability Before I-140 Approval

Notwithstanding the August 4, 2003, memorandum from Mr. Yates, it remains unclear whether an adjustment applicant may accept new employment if his or her adjustment of status application has been pending for over 180 days, but the underlying I-140 has not yet been approved.The memo suggests that the I-140 must be approved before an adjustment applicant may port to another employer, but Mr. Yates indicated at the conference that this remains an open and unresolved issue.