Change Employer before 140 approval? Not Now!

[dynobuoy]

I contacted a few of the immigration attorneys about using AC21 portability before 140 is approved to switch jobs. The answer I got from all of them is 'No... It is NOT advisable to change employers before 140 approval'.

But on a positive note some did confirm that USCIS is working on a memo to allow beneficiaries to switch jobs if 140 is pending for more than 180 days.

So lets hang on there.

cheers
dyno

 

[antropeter]

Infact, when I asked my lawyer he says, "We can use AC21 only after 180 days of I-140 approval"... donna whether its a rule!!

 

[dynobuoy]

Infact, when I asked my lawyer he says, "We can use AC21 only after 180 days of I-140 approval"... donna whether its a rule!!

Yes when concurrent filing was introduced there was a lot of clout and confusion about that. After almost an year the USCIS released a memo saying that AC21 portability could be used only after 140 approval.

But recently there has been rumors about using AC21 portability if one had completed 180 days since 140 is applied. There had been no formal memo from USCIS on this. It is being rumored that USCIS will soon draft and release a memo.

hth
dyno