Does portability law apply for concurrent filing?

H

HappyFace76

Registered Users (C)
Concurrent filing and AC21 law

Hi all,

I filed my I140 and I485 together just this week, and I am curious about portability law.

Can I change my job before 180 days on EAD Or H1-b transfer, while both I140 and I485 are in process.

For EAD do I need I140 to be approved? Or just I485 receipt is enough? :confused:

Thanks in advance
 
Last edited by a moderator:
No final regulations yet

portability in concurrent world is still iffy.
But you need a underlying i140 approval to take advantage of 485 portability.
No, you dont need I140 approval for applying for EAD. I765 can be applied along with 485 or after you receive I485 receipt.
 
Hi guys,

I have a question, which would help me decide wether to go for concurrent process or not?

I heard that in concurent processing both i-140& i-485 get adjudicate at the same time is it True?

But in CSC i-140 are getting approved first and then it is going to a next step
this is the only service centre where results are coming out for concourrent filling application so please respond what is the process in case of concurrent filling and also read this article does this make any sense.


http://www.usvisanews.com/memo1851.html

INS Restricts Portability Eligibility in Concurrent Filings

We received some new and somewhat surprising information from Madeline Garcia following her attendance at an American Immigration Lawyers Association (AILA) South Florida luncheon on Wednesday (September 17th). Among the wealth of information she absorbed was the information relating to portability in the context of concurrent I-140/I-485 filings.

As you may be aware, AC21 includes a provision (§106(c)) which allows for a change in employment in cases of lengthy adjustment adjudications. What this allows for is the substitution of a new sponsor and offer of employment (in the same or similar profession) into a pending adjustment application if the I-485 has been filed and remained unadjudicated for 180 days or more.

Many of you have been writing to us asking us a couple of important questions such as:

1. Will the I-140 still be processed first?
______ - AND -

2. How will concurrent filing work in the context of I-485 portability?


According to the AILA source and the information shared at Wednesday's meeting, the INS has indicated that the I-140 will not be adjudicated until the I-485 is adjudicated. Furthermore, the INS has taken the position that this portability can only be enjoyed by an applicant for adjustment of status whose I-140 petition has been approved. Since applicants for adjustment who apply pursuant to their new ability to file concurrent I-140 and I-485 filings will not have an approved I-140 during the pendency of the adjustment, these applicants will NOT be eligible for the benefits of Section 106(c).

This information may change in the future since regulations have not been drafted. However, INS' comments highlight significant implications for many prospective concurrent applicants and reinforce that the new concurrent filing option, though very appealing, may not be for everyone.
 
typo

First off it is concurrent FILING, that is, you can file I140 and i485 concurrently. You cannot expect concurrent approvals or concurrent processing from INS.
There seems to be a typo either in your post or in usvisanews's post. (I could not get to that link) I140 is adjudicated first then I485 is adjudicated next. It has been like that from the time green card processing was established. Please Understand the process before posting wild questions.
 
I agree with Jaxen, it seems highly unlikely that in the concurrent filing the I-140 adjudication will be held up till I-485 is adjudicated.
That beats the whole purpose doesnt it? ... I think there is some serious typo in the usvisanews's posting.
 
By Kim King Thursday, September 26, 2002

Our article earlier this week regarding a recent INS statement of policy for concurrent I-140/I-485 filings has generated substantial reader response. This article is found at:
http://www.usvisanews.com/memo1851.html.



YES, what we described is, according the American Immigration Lawyers Association (AILA), the most recent position taken by the INS with regard to procedures for adjudicating concurrently filed I-140 permanent residency petitions and I- 485 Applications for Adjustment of Status. Most significant to our readers has been the implication that the 180-day portability provision runs the risk of being considered by the INS to be inapplicable within cases where the I-140 and I-485 are concurrently filed.

Before more concerned readers come forth, please let us emphasize again that this is NOT necessarily the final, "end all" position of the Service. The final rule will not be established formally until the regulations become available, nor will confirmation of this policy be possible until the INS issues formal guidance.

We stated it in the article, but we restate here to disarm further concern in the interim, "this information may change in the future since regulations have not been drafted."
 
Still a typo

I think it is a typo. And I agree with the assessment that I485 will not be adjudicated until I140 is adjudicated. That is logical because you need to approve the GC(140 or 130) before you can get the stamp or the card (which is what 485 or CP is).
I think usvisanews is using some sensationalistic journalism.
 
Hi Jaxen,

I need employers tax proof to apply for my I-140. My company is not a public company it is a privately held company & my attorney requested me to give my employers year 2001 tax returns form.

when i approched my supervisor who reports to the president of the company(Owner) he asked me to find out where does it say in the INS rules that the employer needs to submit a Financial proof


My question to you is is there a link in the INS site where i can pull this info from the website or can u direct me in the right direction ASAP.


also can u advise me if the employer is reluctant to give that info is there any other info which i can request him which will proove companys ability to pay

Regards
 
Let lawyer talk to the president. The type of documents required is determined by a lawyer's perception of what will work and what will not.
They can give this information in a sealed envelope too.
 
concurrent filing ofi-140 and i-485

HI, I have the same problem as the guy that thinks that INS will adjudicate these 2 together. This is not a typo. This is a speculation that people that want this done quicker will in fact end up waiting longer. CAn anyone elaborate? I know it's all still shady but are there any real advantages of filing concurrently? I would like to change employers quicker and it seems that this way the portability won't apply until the end. Someone help pls.
 
Last edited by a moderator:
Yes. I got a reply from usvisanews that it was not a typo. Interestingly other members who were present during that AILA briefing have not confirmed it yet.

I am still not sure of what is being contemplated. Concurrent adjudication ? Denial of portability for concurrent filers? What will happen if after adjudication of 485, it is found that the job described in I140 no longer exists? There are many questions that have gone unanswered.

Even if INS came out with these regulations with this tone, we can always rally and write to INS.

The only reason why INS might (and I dont believe it) be contemplating on this measure might be because some employers (through their lawyers?) do not want this concurrent filing be a easy way to get GC for the indentured slaves under them.

I am not ready to take this leap of paronia yet.
Let us wait for INS to come out with the regulations. There is nothing you can do , especially based on something that site is not ready to substantiate (they have not given any reasoning why this is being contemplated) and i still suspect was done to invite site traffic.
 
I am totally Agree with jaxen.

First I got news, I was surprise (and fustrated too), but now when I am thinking with cool head, I think as jaxen mention, it might be dirty trick to create sensation and increase trafic on the web site. Marketing is good thing but not with false information.

Thanks again Jaxen to bring real face of www.usvisanews.com.

Please be aware of visiting that web site, becuase it's nothing but marketing gimmik.


Thanks.

JB

p.s. I also couldn't find that information except that web site and I could not verify with other realiable source.
 
Though I visit this Forum every day, this is my first posting!!
My H1B is expiring in about 6 months. I have my EAD. I-140 is cleared, and I-485 is pending for more than 1 year. I would like to Join another company using EAD under AC21 and at the same want apply for 7th year H1 extension through my GC Sponsering company.
With 7th year extension I can comeback to my H1 company if I-485 is denied. Is this someting permitted to do legally.

Pl reply ASAP as I am in the middle of taking a decision!!!!
Thanks ( vkulkarni70@hotmail.com )
 
Last edited by a moderator:
You must log in or register to reply here.
Top