Calculating 180 days for concurrent filing

[sv_raj]

My I-140 and 485 were filed concurrently in Nov 2002(with 485 filed a few weeks after 140) and I-140 was approved in January 2003. My job is in trouble and I consulted with my company attorney about when I can change jobs hoping I can do it in May 2003(6 months of 485 filing).

But the attorney tells me that the 180-day clock for concurrent filing starts(on Jan 2003) when my I-140 got approved based on some liasion meetings at which INS has commented on this issue.

Is it just his opinion or has anyone in the forum heard similar arguments?

thanks

 

[Chicago4U]

I would interpret AC21 guidelines memo as 180 days from the date of filing 485.

But I-140 should have been adjudicated favorably before the 180 days.

In otherwords if your 140 was not approved by the 180 days, you would have to wait for the 140 approval.

Well! roll the dice and see the variety of opinion we may get.