Because of the "I-140 portability" provision in Section 106 of the last October\'s AC21 legislation, it should not be necessary to file amended I-140 petitions on account of the March 7, 2000 restructuring of Mastech. Unfortunately, INS has failed to issue either regulations or written guidance which defines the scope of "I-140 portability". In addition, the Vermont Service Center is providing conflicting advice to individuals as to whether or not the filing of amended "successor-in-interest" petitions would be processed.
Given these circumstances the Immigration Department has resumed the preparation and filing of amended I-140 petitions for those I-485 applicants whose priority date is "current". More than sixty such petitions have been filed already. The filing will be completed before Memorial Day.
On this Friday, April 13, you should consult your Company\'s employee-only website if you are an I-485 applicant with a "current" priority date. If your name appears on the list of already-filed amended I-140 petitions, you should do nothing. You will receive the Form I-797 filing fee receipt notice when INS issues it. You should not communicate with the Immigration Department.
If you have a pending permanent residence application with a "current" priority date and you are not on the list, you should send your HR manager a photocopy of your EAD card. Please write the expiration date of the card on the photocopy. You should not communicate with the Immigration Department.
If you have a pending I-485 application and your priority date is NOT "current," you should do nothing. An amended petition will be filed, if required, after the petitions for employees with "current" priority dates are completed.
Given these circumstances the Immigration Department has resumed the preparation and filing of amended I-140 petitions for those I-485 applicants whose priority date is "current". More than sixty such petitions have been filed already. The filing will be completed before Memorial Day.
On this Friday, April 13, you should consult your Company\'s employee-only website if you are an I-485 applicant with a "current" priority date. If your name appears on the list of already-filed amended I-140 petitions, you should do nothing. You will receive the Form I-797 filing fee receipt notice when INS issues it. You should not communicate with the Immigration Department.
If you have a pending permanent residence application with a "current" priority date and you are not on the list, you should send your HR manager a photocopy of your EAD card. Please write the expiration date of the card on the photocopy. You should not communicate with the Immigration Department.
If you have a pending I-485 application and your priority date is NOT "current," you should do nothing. An amended petition will be filed, if required, after the petitions for employees with "current" priority dates are completed.