I just got my LC after two and half year waiting. :-( The lawyer of my company told me that I won't be able to utilize AC21 if I file I-140 and I-485 concurrently as both of them will be approved at the same time now. In order to use AC21, you have to have I-140 approved and I-485 pending. Just wonder if his information is accurate as I saw some people on this forum are talking about using AC21 while did the concurrently filing. Thanks
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Concurrent filing can't use AC21?
- Thread starter humphrey
- Start date
Yes, your lawyer is correct. I remember reading that DHS/INS will process comcurrently filed I140/I485 at the same time and thus you cann't use AC21.humphrey said:I just got my LC after two and half year waiting. :-( The lawyer of my company told me that I won't be able to utilize AC21 if I file I-140 and I-485 concurrently as both of them will be approved at the same time now. In order to use AC21, you have to have I-140 approved and I-485 pending. Just wonder if his information is accurate as I saw some people on this forum are talking about using AC21 while did the concurrently filing. Thanks
--noida
Hello Friend
I had the same problem. But I chose to use concurrent filing, knowing
the fact that my employement is not that stable. My reason was that
I needed to file in CSC. If you are in VSC you will get 140 in 4-6 months.
But other service centers are not that good. Moreover concurrently filed
cases have more priority than the other ones. Thats not a rule but thats
what my lawyer said to me.
What I would suggest is to see the timings of your service center,how stable is your employement and make a decision.
-babu
I had the same problem. But I chose to use concurrent filing, knowing
the fact that my employement is not that stable. My reason was that
I needed to file in CSC. If you are in VSC you will get 140 in 4-6 months.
But other service centers are not that good. Moreover concurrently filed
cases have more priority than the other ones. Thats not a rule but thats
what my lawyer said to me.
What I would suggest is to see the timings of your service center,how stable is your employement and make a decision.
-babu
whorl1quote
Registered Users (C)
it's still a gray area if you can use AC21 in concurrent filed cases. Although uscis did not say it out loud in a meno, i've seen some cases been approved with I140 and I485 both pending for more than 180 days.
Thanks for all ther replies. I think I'll probably go with cocurrent filing. My company is very stable. I'm just a little bit bored to stay in the same company for such long time. :-(. I will file in NSC which is not fast center at all. But I hope it will improve soon on the concurrent case. one of my friend just filed concurrently a month ago and she got the FP notice last week. So there is some hope.
fast_gc_seeker
Registered Users (C)
humphrey said:I just got my LC after two and half year waiting. :-( The lawyer of my company told me that I won't be able to utilize AC21 if I file I-140 and I-485 concurrently as both of them will be approved at the same time now. In order to use AC21, you have to have I-140 approved and I-485 pending. Just wonder if his information is accurate as I saw some people on this forum are talking about using AC21 while did the concurrently filing. Thanks
AC-21 has nothing to do with the way 140/485 was filed.
It has only one golden rule which is 140 approved and 485 pending
for more than 180 days. Ofcourse new job should be similar to previous.
mmukkamala
Registered Users (C)
Guys,
ac21 does not dicuss anything about I140 APPROVAL.. All it says is 485 pending more than 180 days.
It all depends how u interpret it..Bt its always safe to use AC21 AFTER i140 APPROVAL...
ac21 does not dicuss anything about I140 APPROVAL.. All it says is 485 pending more than 180 days.
It all depends how u interpret it..Bt its always safe to use AC21 AFTER i140 APPROVAL...
fast_gc_seeker
Registered Users (C)
mmukkamala said:Guys,
ac21 does not dicuss anything about I140 APPROVAL.. All it says is 485 pending more than 180 days.
It all depends how u interpret it..Bt its always safe to use AC21 AFTER i140 APPROVAL...
AC-21 'can' be used "only" after 140 approval.
I cant be more clear that this.
Last edited by a moderator:
whorl1quote
Registered Users (C)
fast_gc_seeker,
good lawyer never give definate answer in regards to interpretation of laws. your definate answer sounded more engineer than lawyer. Two recent approvals using AC21 on pending I140s are also good slaps on your argument.
good lawyer never give definate answer in regards to interpretation of laws. your definate answer sounded more engineer than lawyer. Two recent approvals using AC21 on pending I140s are also good slaps on your argument.
wouldliketoknow
Registered Users (C)
The idea is of course that concurrent filing means that both I-140 and I-485 will be apprived together. But that is definately not a rule. It is just a way to make it easier for us and file all together without waiting for I-140 to be approved so we can go on and file I-485.
The rule, yes, seems to be that AC1 is used after I-140 is approved (you have to work for an employer whith whome you filed your petition for immigrant worker). It would be plain wonferful if both were approved at the same time- you wouldn't have to worry about using AC1 to begin with. So yes, AC1 is used after I-140 is approved and I-485 is pending for more than 180 days.
The rule, yes, seems to be that AC1 is used after I-140 is approved (you have to work for an employer whith whome you filed your petition for immigrant worker). It would be plain wonferful if both were approved at the same time- you wouldn't have to worry about using AC1 to begin with. So yes, AC1 is used after I-140 is approved and I-485 is pending for more than 180 days.
fast_gc_seeker
Registered Users (C)
whorl1quote said:fast_gc_seeker,
good lawyer never give definate answer in regards to interpretation of laws. your definate answer sounded more engineer than lawyer. Two recent approvals using AC21 on pending I140s are also good slaps on your argument.
Read my signature, does it say I'm an attorney?
BTW check the AC-21 memo from USCIS[samples available in many threads] It clearly says 140 has to be approved for using AC-21..go figure
gravedancer
Registered Users (C)
Ac21 May Still Apply In Case Of Concurrent Filing
One of my coworker filed I-140/I-1485 concurrently, but his I-140 got approved but I-1485 is still pending. So it does not necessarily mean that both SHALL get approved at the same time.
Concurrent filing was implemented as an interim rule to amend the earlier rule where one had to wait for I-140 to be approved ( the underlying petition ) before applying for AOS(I-485), thus allowing aliens to file for I-1485/EAD/AP while I-140 is still pending.
As far the the AC21 portability is concerned, the rule can be applied if I-140 is approved but -I-485 is 180 days pending ( Note : NOT business days..so do count sat and sundays).
Hope this helps.
One of my coworker filed I-140/I-1485 concurrently, but his I-140 got approved but I-1485 is still pending. So it does not necessarily mean that both SHALL get approved at the same time.
Concurrent filing was implemented as an interim rule to amend the earlier rule where one had to wait for I-140 to be approved ( the underlying petition ) before applying for AOS(I-485), thus allowing aliens to file for I-1485/EAD/AP while I-140 is still pending.
As far the the AC21 portability is concerned, the rule can be applied if I-140 is approved but -I-485 is 180 days pending ( Note : NOT business days..so do count sat and sundays).
Hope this helps.
fast_gc_seeker
Registered Users (C)
gravedancer said:One of my coworker filed I-140/I-1485 concurrently, but his I-140 got approved but I-1485 is still pending. So it does not necessarily mean that both SHALL get approved at the same time.
Who said 140/485 will be approved @ same time?
140 will always be approved first and then 485.
Last edited by a moderator:
gravedancer
Registered Users (C)
Awesome ...Fast_GC_Seeker
Hello Fast_GC_Seeker,
It appears that your I-140 got approved in less than a month, and your EAD approval was after your I-140 approval. Thats just awesome dude.
Was it Labor Substitution for you ? Also can you tell us how many days did it take you to get the I-140 approval.
Thanks and good luck.
Hello Fast_GC_Seeker,
It appears that your I-140 got approved in less than a month, and your EAD approval was after your I-140 approval. Thats just awesome dude.
Was it Labor Substitution for you ? Also can you tell us how many days did it take you to get the I-140 approval.
Thanks and good luck.
fast_gc_seeker
Registered Users (C)
gravedancer said:Hello Fast_GC_Seeker,
It appears that your I-140 got approved in less than a month, and your EAD approval was after your I-140 approval. Thats just awesome dude.
Was it Labor Substitution for you ? Also can you tell us how many days did it take you to get the I-140 approval.
Thanks and good luck.
Mine not labor Substitution. 140 approval is less than a month.
I've seen people with 140 approvals begining with 10 days and
mine is more than 10 days.
gravedancer
Registered Users (C)
Speeding ...
You are moving in the speed of a concord..Good Luck..for the rest of the journey.
fast_gc_seeker said:Mine not labor Substitution. 140 approval is less than a month.
I've seen people with 140 approvals begining with 10 days and
mine is more than 10 days.
You are moving in the speed of a concord..Good Luck..for the rest of the journey.