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concurrent filing and AC 21
- Thread starter azzuri
- Start date
Where did read/heard this?Originally posted by azzuri
Is it true that with concurrent filing of I-140 and I-485 one cannot benefit from AC 21 in terms of changing employer 180 days after filing I-485 and I-140 approved ?
Murthy posted some time back about AC21 and concurrent filing, it was posted before August 4 AC21MEMO, you can have a look and recently 2 weeks back INS H.Q said that they are going to issue new MEMO for concurrent filing and use of AC21. One of lawyer has opinion that INS may say in new MEMO that one should have I-140 approved for 180 days, nobody is sure what is going to be in new AC21 memo for concurrent filers if the INS H.Q issues any new memo.
You can read Murthy link:
http://www.murthy.com/UDportis.html
You can read Murthy link:
http://www.murthy.com/UDportis.html
This was posted by a lawyer few weeks back:
11/28/2003: AC 21 Change of Employer and Issue of Pending I-140 in Concurrent Filing
As people know, the USCIS released a memorandum on August 4, 2003 concerning the validity of I-140 under the AC 21 180-day rule. Among others, the memorandum stipulated that under the AC 21, the I-140 would remain valid if the I-485 applicant changes employment after 180 days of filing of I-485, no matter whether the employer withdraws the original I-140 petition.
Caveat: Where the I-140 is still pending in the I-140/I-485 concurrent filing after 180 days of filing of I-485, USCIS opined that the so-called Yates' memo of August 4, 2003 does not apply.
This leaves a number of questions wide open in the concurrent filing where I-140 adjudication drags on. Obviously, the first question should be whether the I-485 applicant will be allowed to change employment after 180 days of filing when I-140 is still pending. The other question is whether the I-140 petition would remain valid, should the original employer withdraw the I-140 petition for the purpose of substitution of the employee.
Conservative view dictates that the answer could be "negative." The USCIS said that it would release a separate memorandum on this issue. Until such separate memorandum is released, it may be prudent for the I-485 filers to take a extra precaution before they decide to jump to a new employer.
11/28/2003: AC 21 Change of Employer and Issue of Pending I-140 in Concurrent Filing
As people know, the USCIS released a memorandum on August 4, 2003 concerning the validity of I-140 under the AC 21 180-day rule. Among others, the memorandum stipulated that under the AC 21, the I-140 would remain valid if the I-485 applicant changes employment after 180 days of filing of I-485, no matter whether the employer withdraws the original I-140 petition.
Caveat: Where the I-140 is still pending in the I-140/I-485 concurrent filing after 180 days of filing of I-485, USCIS opined that the so-called Yates' memo of August 4, 2003 does not apply.
This leaves a number of questions wide open in the concurrent filing where I-140 adjudication drags on. Obviously, the first question should be whether the I-485 applicant will be allowed to change employment after 180 days of filing when I-140 is still pending. The other question is whether the I-140 petition would remain valid, should the original employer withdraw the I-140 petition for the purpose of substitution of the employee.
Conservative view dictates that the answer could be "negative." The USCIS said that it would release a separate memorandum on this issue. Until such separate memorandum is released, it may be prudent for the I-485 filers to take a extra precaution before they decide to jump to a new employer.