AC21 with I140 pending

V

vcb

Registered Users (C)
is it ok to switch job when 180 days have been passed after filing I485 and I140 is still pending(employer wants to continue my I140). I may face this situation because of funding issues with current project.

your response will be appreciated.

thanks

vcb.
 
If you believe that your employer will NOT Revoke the I-140 then you can change the employer and can use AC21 in future, find the same/similar job. Ask the past employer or lawyer to provide you the copy I-140 filing receipt and LC approved copy it will help you in future
 
Ginnu,

thanks for your response. However I came to know based on recent changes in Law that employer cannot revoke I140 after 6 months of filing I485. only important thing is employer should respond to any RFE's issued on I140 after employee quits from I140 holding employer.

can you confirm this?
 
Originally posted by vcb
However I came to know based on recent changes in Law that employer cannot revoke I140 after 6 months of filing I485.
Click to expand...

Please be aware that this only applies to approved I-140s. Until the I-140 is approved, the employer may withdraw the application at any time.
 
vcb

As long as I-140 is under processing, employer can revoke it anytime even if you crossed 180 days on I-485. I-140 should be approved as well as 180 days crossed on I-485, then you should be OK if employer revokes I-140.
 
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