Breaking news on I-140, is this true?

Check with your attorneys....

Folks,

Please check the info. on this thread with your respective attorneys and see if they can verify this through their "internal contacts" with AILA.
Memos like this can take anywhere from 30-60 days to become public due to the issues involved. Please provide your attorney's feedback.
 
as i mentioned earlier in this thread this was confirmed by an immigration official on the 800 number for uscis, not just customer service but i spoke to an immigration official. you guys might want to give it a shot too.
 
Another question. After changing the Employer/Job while I-140 is pending, do the new employer have to file I-140 again?

naanshi
 
Another Question

That rule addresses only 140 being revoked but what about 140 being denied becuase of education or ablity to pay
 
Guys,
This is all rumor and there is no memo from William Yates yet, but there is a possibility . I just talk to my Lawyer and he denied for any such memo issued from USCIS. Please read the news again and it says "It Seems" nothing confirmed. So BE CAREFUL till we get a memo from USCIS on AC21 rule. Also there is no such indication on murthy.com.
 
try the 800 number and after speaking to the CS rep ask her some difficult issues like these and well when she is unable to answer tell her can i speak to an immigration official to confirm this, you should be able to get answers to all your questions.
 
Rumor

This is rumor. Whats point in applying for I-140? if every one can port after filing of 180 days after I-485 and I-140 not approved. and there are too many complications and will result in utter chaos if this gets approved
 
Point is USCIS will check before 180 days.

jambalakadi said:
This is rumor. Whats point in applying for I-140? if every one can port after filing of 180 days after I-485 and I-140 not approved. and there are too many complications and will result in utter chaos if this gets approved
Click to expand...

USCIS should check before 180 days, may be at the time of EAD and deny / RFE before 180 days. Also an employer can revoke before 180 days...
 
I would agree with united.

The law went into effect when a 485 was being filed AFTER the 140 petition had been approved. With concurrent filing, the interpretation should be changed.
 
jambalakadi said:
This is rumor. Whats point in applying for I-140? if every one can port after filing of 180 days after I-485 and I-140 not approved. and there are too many complications and will result in utter chaos if this gets approved
Click to expand...


I don't think it is a rumor. We are going to see the memo sooon.


1. It is the duty of USCIS to process I-140 within 180 days to ensure that only eligible applicants are getting approved. If they fail to act within 180 days then the applicant will get the benefit of doubt.

2. In Employment based Greencard processing, if an applicant has a job ,he/she is legally staying, he/she pays the tax properly, he/she is not a threat to the society, then what is the problem if you approve the Greencard? why to worry about approval of underlying form?

3. I-140 is employer based and after 180 days if an applicant changes job, if you think logically, the underlying I-140 has got no meaning.

Just my thoughts.
naanshi.
 
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Hi Naashi

If you say I-140 has no meaning and is for the employer cause why then the education comes in picture while taking a decision or REF on Education for a 140 ...
 
Please sign I-140 Petition at right hand side corner of immigration.com

Friends,
Please sign I-140 Petition at right hand side corner of immigration.com. This may help who knows.
 
nelabor said:
If you say I-140 has no meaning and is for the employer cause why then the education comes in picture while taking a decision or REF on Education for a 140 ...
Click to expand...


I said if you change the employer after 180 days then I-140, which is the employer based petition has got no meaning.

naanshi
 
also please note that all 140s do undergo an initial review concurrent or nonconcurrent, that is why an RFE is issued even in concurrent cases within months and than these cases get approved.
 
I 140 is still relevant

I have been reviewing exchange of ideas on this portability issues. My understanding is that proposed change will eliminate two risks only that is employer withdrawing the petition for 1-140 or cancelling it. There are other things that may still be relevant for approval of I 140 like:
1. Employer's ability to pay from Priority Date is still relevant and an I-140 may be denied for that reason. This will impact the processing of I 485 petition from the employee.
2. Educational and experience requirements to meet the Labor Certification should still not have any issues otherwise RFE and NOID will be issued.

If these two issues are not there, then perhaps AC21 portability is acceptable to CIS. This is my understanding based on common sense, and I am not an attorney so use it with discretion.

Thanks
Dil
 
AC21 and portability from Murthy Law Office

August 04, 2004 ... 8/4/04 - Summary of AILA-USCIS Issues from JULY 31, 2004 Board of Governors Meeting

I40 Portability Under 106(c)

AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be "portable" with regard to a change of employers or a
change of jobs with the same employer to a same or similar occupation. Previous memos issued by CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member,
Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may "port" to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the
beneficiary's status in the U.S. CIS is now drafting a formal memo to this effect.

Thank you for your eMail. This is an issue that AILA has been working on for quite some time. While there have been discussions and agreements in principle, there is nothing official in writing at this time. It is always uncertain the amount of time that it will take to obtain a memo with a changed policy. Sometimes, the memos appear quite quickly while, in other situations, you will have oral statements by the government but no memo for a year or more. At this time, while this is a generally favorable sign, there can be no action that should be taken in reliance upon these discussions. The previous memo requiring the approval of the I-140 is still the policy.

If there are any official announcements on this matter or a new memo, we would include it in our weekly MurthyBulletin.

Dana J. Delott*

Attorney at Law

The Law Office of Sheela Murthy, P.C.

Dictated by Attorney and transcribed.

 
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senario

Ok, I-140 not approved, 180 days past I-485 application date. So I move the new employer.

1. Does new employer who is going to support me in GC processing will file a new I-140 or transfer the I-140 or no need of I-140 any more

2. Who should respond to RFE's is Still not clear.

I think USCIS will make a rule to transfer the I-140 so new employer will answer employer relater RFE's. Old one will loose rights somehow.

Or USCIS will say there is no need of I-140 after six months of I-485.

But, if I move to a company and company cannot perform well eventually cannot show ability to pay. How will USCIS look into this kind of cases? I-140 will be denied in present conditions.
 
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