Changing Jobs before I-140 Approval

[dgarstang]

Would appreciate if someone could tell me if this scenario is possible. Ocassionally I have these crazy ideas....

I-140 and I-485 filed concurrently. Receipted July 21, 2003. Neither I-140 or I-485 approved yet.

I leave my current company, company A, and get a new similar job, using AC21 portability with company B. If an RFE is received, asking for any info, say pay stubs, could we submit this info from the new company, company B?

AC21 portability allows you to start a new similar job 180 days after I-485 is filed. Why then can't you start a new similar job using AC21 job before the I-140 is approved? Does the regulation say anything about that?

Thanks,
Doug.

 

[byomkesh]

Yes, as far as I know, the CIS has released guidelines indicating that AC21 is applicable only when I-140 has been approved. Check the breaking news sections in www.immigration-law.com and elsewhere for more info.

I agree that this totally nullifies the advantages of AC21 given the slow rate of progress on the I-140 front, but frustrating delays and bureacratic idiocy is only par for the course for the immigration process, isn't it?