Correct? i140 is still valid.after i485 180days, change job

[belinda]

Please help me! Thanks very much in advance!

I was told that even after I485 has ted for 180 days, if I140 is still pending, if you change job, I140 will be invalid, you have to do everything again, perm, waiting to i140/i485.

Because of NSC's delay( hate NSC), it is almost impossible for I140 to be approved within 180 day, so after i140/i485 pending for 180day, can I change job?

I checked http://imminfo.com/news archives/cismemo-ac21-3.html INTEROFFICE MEMORANDUM
HQPRD 70/6.2.8-P

I read it again and again:

Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF §106(C) OF AC21

Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under §106(c) of AC21?

Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:

A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.

B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.

If my understanding is correct, then I140 will still be valid if I485 pending for 180 days with i140 unapproved. What they will need to do is to evaluate that "Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. "

Is my understanding correct?????



Thank you. Please advice

 

[manwithnoname]

Yes your uderstnading is correct this is as per Yate's memo on AC-21.

 

[belinda]

Thank you so much! it is great thanksgiving gift for me

Thank you so much! it is great thanksgiving gift for me. I almost give up a great new job opportunity because of I140 pending.

Thanks. Good luck for you i485

 

[wanling]

manwithnoname, I happened to see another posting of yours, and it helps me greatly, too. I also leave my employer before 180 days (after I-140, EAD/AP approvals and I-485 still pending). I'm always a little uneasy about it. Now this document makes feel much better. It's a Thanksgiving gift to me, too. Thank you very much.

 

[tennis_court]

There might be a catch here so be careful when you leave your employer.

> A. Review the pending I-140 petition to determine if

The key word here is pending and that might mean that if the I-140 is not pending anymore, this procedure cannot take place. The I-140 will not be pending anymore if the old employer withdraws it when you leave so be careful and discuss this issue with your employer and make sure they will not withdraw it after you leave, at least no before it is reviewed using this procedure.

 

[worrieddude]

Why take a risk and leave employer just to save a few months. You have already spent so much time with the employer.

Ensure that the I-140 is approved before using AC21.
Better be safe than sorry.