BCIS Memo on I-485 Portability After I-140 Revocation

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gp111

Registered Users (C)
Good news on AC-21 (Portability)..

http://www.murthy.com/UDportme.html

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved.
 
Please note the memo also states that the employer also still has the need for the employee at time of I140 approval. This is a catch phrase. So far, attorneys have NO ANSWER as to what would constitute a proof of such. This gives an unfair advantage to the I140 petitioning employer!
 
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