Breaking news on I-140, is this true?

nelabor said:
Does this mean that the denial of 140 does not have any impact if you are working on EAD also and the GC process continues
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But the important thing is if I-140 gets denied does that still result in EAD /485 denials?
 
This is great news ... I have a question though.

If my I-140 and 485 are both pending for more than 180 days, AND I DO NOT HAVE an EAD yet ... and my 6 yrs have expired:

1. Can I still change jobs and continue without a 7th yr extension ?
2. Can I change jobs with a new 7th yr H1 from the new employer ? Is this even possible ?

My wife is on my 485, without an EAD and her 6yrs are also expiring:

1. Can she continue working ? Can she get a 7th yr extension ( she does not have a labor) .... she is currently on H1.


I would greatly appreciate if anybody can answer me .. please !
 
Could somebody please verify this information (100%) with lawyers from Murthy and Mr. Khanna and confirm.

Thanks,
 
longawaitedlc said:
But the important thing is if I-140 gets denied does that still result in EAD /485 denials?
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Yes, if you did not send AC21 letter with new employer employment letter before I-140 denial.

naanshi
 
cp_junky said:
If my I-140 and 485 are both pending for more than 180 days, AND I DO NOT HAVE an EAD yet ... and my 6 yrs have expired:

1. Can I still change jobs and continue without a 7th yr extension ?

**** No. You must have EAD or H1B to continue the Employment

2. Can I change jobs with a new 7th yr H1 from the new employer ? Is this even possible ?

*****Yes.

My wife is on my 485, without an EAD and her 6yrs are also expiring:

1. Can she continue working ? Can she get a 7th yr extension ( she does not have a labor) .... she is currently on H1.

********If she gets 7th year Extension, then she can continue working
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This is great news. I am thinking whether or not to take the risk of switching employers at this point (200 days since I-485 filing), but looks like i should not worry anymore.

thanks for the info guys.
 
That is good news. But if someone receive rfe on education background after changing employer, who will answer the rfe?
 
Guys ,

this sure looks promising...but the point is what happens if we use AC-21 , and the employer gets pissed off , and revokes and/or cancels our 140/485 petition before approval ( bcos employer can revoke and/or cancel 140/485 petition before any action is taken by CIS ).. any thaughts..

And also per the memo, it mentions that we cud use AC-21 after 180 days after filing eventho 140/485 has not been approved...does that mean it will get approved for sure in the near future...it sure does not make any sense to me....cud any guru's calrify...

Tx.
 
dmun said:
Guys ,

this sure looks promising...but the point is what happens if we use AC-21 , and the employer gets pissed off , and revokes and/or cancels our 140/485 petition before approval ( bcos employer can revoke and/or cancel 140/485 petition before any action is taken by CIS ).. any thaughts..

***** After 180 days whatever employer does with the I-140 petition (withdrawing or revoking), will not affect the Greencard Processing, if you timely sent AC21 letter. By the way, employer has nothing to do with your I-485.

And also per the memo, it mentions that we cud use AC-21 after 180 days after filing eventho 140/485 has not been approved...does that mean it will get approved for sure in the near future...it sure does not make any sense to me....cud any guru's calrify...

**** Your question does not make any sense to me. What is the problem if it gets approved in near future or far future????
Tx.
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Originally Posted by dmun
Guys ,

this sure looks promising...but the point is what happens if we use AC-21 , and the employer gets pissed off , and revokes and/or cancels our 140/485 petition before approval ( bcos employer can revoke and/or cancel 140/485 petition before any action is taken by CIS ).. any thaughts..

***** After 180 days whatever employer does with the I-140 petition (withdrawing or revoking), will not affect the Greencard Processing, if you timely sent AC21 letter. By the way, employer has nothing to do with your I-485.
-----You mean that I-140 has no importance. Even if the employer revokes 140 , the GC process will continue as usual.
And also per the memo, it mentions that we cud use AC-21 after 180 days after filing eventho 140/485 has not been approved...does that mean it will get approved for sure in the near future...it sure does not make any sense to me....cud any guru's calrify...

**** Your question does not make any sense to me. What is the problem if it gets approved in near future or far future????
Tx.
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Thanks Naanshi,

My point in the second para, is ..

if any individual applies for 140/485....all he has to do now is start to count 180 days... :rolleyes: .( no need for 140 approval... :D ). The why does CIS hv that petition in the first place. :confused: ???? it basically is useless and meaningless!!!atleast from now on if the memo is official. You see where i am coming at.

OK i understand that 485 is a petition from employee side for status adjustment, and it is based on the underlying 140 petition. But when the underlying 140 petition itself can be ignored after 180 days of filing concurrently and sending the AC21 letter to CIS, where does this all lead to ??

Tx...anymore input guys...lets keep this rolling...
 
Question on simillar line for future employment

Hi,

I am working for A.
B has filed my GC.
I-140 & I-485 is filled concurrently only for 3 months.
I have got my EAD.
Company "A" doesn't want to accept my EAD as it's coming from company "B".
I am approaching my 6 months limit in 30 days.
Can I join any company as I have EAD?
Do I have to wait till my I-140 is approved as per old memos?
Company "B" will not have any problem me joining any company.
What options do I have?

Thanks,
-CC
 
In-Delema said:
You mean that I-140 has no importance. Even if the employer revokes 140 , the GC process will continue as usual.
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Yes, Thats what the new memo will confirm..

naanshi
 
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Memo

Any idea when this memo will be released ? Is there specific number of days that is needed like 30 days or 90 days before it can be released on the register
 
What about denied cases on appeal? Can that also use the AC21 portability? My case is denied and I appealed to buy time to start the new GC process.
 
-----You mean that I-140 has no importance. Even if the employer revokes 140 , the GC process will continue as usual.

The new company may be asked to provide financial documents for ability to pay. So if you end up jumping, jump to more financially stable company.
 
No Need

bhoonbhu said:
just digressing a bit here:

does the INS give you an "receipt" or "acknowledgement" when you do your fingerprinting?
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We did't get any receipt but status updated after 15 days..
 
tammy2 said:
Two years before they use to give receipt. I think they use to stamp on FP notice itself
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They took FP notice too!, no receipt either .. we did it recently (july 31,2004 status uodated on Aug 10th )
 
I hope this will be confirmed soon. If this is true, I will change my job by the end of this year, never want to see them anymore. Maybe we should post the resume at monster now.
 
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