Can a AC21 letter substitute for I-140 withdrawal?

[aws]

Folks,

I know that in a case, when an approved I-140 is revoked by sponsoring employer, the AC21 letter from the new employer can substitute it.

However, I need to know if the same AC21 letter can substitute a pending I140 that is withdrawn by the sponsoring employer.

Bottomline, can a AC21 letter filed for I-485 pending well over 180+ days form a basis for the final GC approval?

Thanks.
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[will_get_there]

May not in TSC ....

Since TSC was instrumental in the release of a memo that clearly mentioned that without an approved 140, the 485 portability does not apply, I sincerely doubt that TSC will approve such a 485 even with a AC21 support letter.

We have seen some cases approved with AC21 letter even when the underlying 140 was withdrawn but such cases are farfetched and cannot be considered as a benchmark.

However, here is my opinion, if someone is in dire straits i.e. company will withdraw the 140 in any case and th eperson has to change jobs due to a forced layoff or any other such emergency situation, it is still worthwhile to give it a best shot with a competent lawyer's backing. Afterall the congress passed into law the AC21 and as per that law one is elgibile to change jobs 6 months after 485 is filed and AC21 does not talk about 140 approval so one can try and fight it out in the court with USCIS.

will_get_there
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Just my opinion, not a legal advise, as I am not a lawyer.

 

[aws]

will_get_there, THANK YOU

thank you for the sensible reply.

as you rightly mentioned, it can be a last choice where one has to take a new employment before I-140 approval and then, rely on the AC21 letter.

i am just worried if you have to go in the court(?) to sustain your case.

logically, if AC21 can substitute a revoked I-140, then what is the reason it can't substitute a pending I-140?

any thoughts?