Response from IO : +ve
Friends,
Just called CS 800 number and managed to get an IO on the line.
The conversation went as follows :
Me : Good afternoon officer, I need some clarification on AC21 rule and how it applies to concurrently filed cases.
IO : Let me direct you to info on our website.
http://uscis.gov/lpBin/lpext.dll/in...w-22417?f=templates&fn=document-frame.htm&2.0
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(c) INCREASED JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS- (1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:
“(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D)for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.”.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))is amended by adding at the end the following new clause:
“(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.”.
Me : Officer, when the AC21 rule was out, there was no concurrent filing, so it was understood that 140 was approved, but now my case 140/485 both are pending more than 180 days and I would like to change jobs.
IO : No need to worry, as long as you have a similar job from the new employer you are ok. If I process this kind of a case I would be putting more emphasis on the LC. If the LC is valid from the DOL, then I would be ok.
Me : Officer, my current employer is saying that he would withdraw the I-140. Is there is a risk involved ?
IO : As I told before my emphasis would be on the LC. Even at the time of interview I would be asking for the LC validity. You said you are willing to move to a new employer. Is the job similar to your current one.
Me : Yes officer.
IO : Then don't worry. Just make sure the LC would be still valid. LC depends on the DOL.
Me : Is it ok if I change to a different city for the new employer even though it comes under same Service center.
IO : I would look for the same DOL. But that's just me. I've directed you to the info. and that's what the law says. But since everything is based on the LC I would put more emphasis on LC.
Good Luck. You will be alright.
Friends,
I'll be moving to a different city but the same Service center for the new job. So for my case it is still a grey area. That is why I plan to transfer my H1 and keep this GC aside. If approved good, if not I give a damn. I'll start it afresh. I still have 3 more years to go on H1. Enough of these headaches.
I'll go stay with my spouse (both are working in different states) and live happily.
Good luck to all.