BCIS Letter Addresses AC21 Permanent Residence Portability - 7/08/03

from the letter

"We agree that the language of AC21 appears to provide that an employment-based petition and the supporting labor certification shall remain valid with respect to a new job offer if the individual changes jobs or employers as long as the adjustment application has been filed and remained unadjudicated for 180 days or more. This interpretation would appear to apply even if the approval of the initial From I-140 has been revoked, provided the I-140 has been revoked after the 180 days has passed. Please be aware that this interpretation is being explored within the context of the rulemaking process for AC21."
 
it means that mister from the BCIS HQ agrees that if 140 is approved and 485 is pending 180+ days, GC must be approved even if petitioner company revoked 140.
 
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