Aug EB2 India unavailable and AC21

doesitmatter

Registered Users (C)
Hello,
My PD is Dec 01 and I am from India. I have approved I-140. I am desperately trying to get my I-485 done in before July 31 so that I can atleast get EAD, AP and FP processed before the visas hopefully become available.

My company is also going thro layoffs and I could potentially be laid off sometime within the next month or so. The question I have is if laid off...am I eligible for AC21 portability given that I am filing my 485 when priority dates are available (July) and then due o retorgression my 485 is pending Aug, Sept and maybe beyond.

http://www.murthy.com/news/n_porret.html

The link above seems to imply this...but I was not sure if anyone has tried this. The most common cases seem to be 180 days rule...

Please help.
 
doesitmatter said:
Hello,
My PD is Dec 01 and I am from India. I have approved I-140. I am desperately trying to get my I-485 done in before July 31 so that I can atleast get EAD, AP and FP processed before the visas hopefully become available.

My company is also going thro layoffs and I could potentially be laid off sometime within the next month or so. The question I have is if laid off...am I eligible for AC21 portability given that I am filing my 485 when priority dates are available (July) and then due o retorgression my 485 is pending Aug, Sept and maybe beyond.

http://www.murthy.com/news/n_porret.html

The link above seems to imply this...but I was not sure if anyone has tried this. The most common cases seem to be 180 days rule...

Please help.

Only one chance if your company does not withdraw the I140 for 180 days after your I485 apply.
 
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