Filing I-485 with Pending I-140..

longwait02

Registered Users (C)
According to new rule one can file I-485 before I-140 approval. But, My I-140 pending at TSC and I moved to new place with comes under VSC, could you please advice me that where I need to send My my I-485?

and any idea how the AC 21 ( 180 days ) rule going to effect if I file I-485?

Thanks for your great input.
 
Similar post similar answer

Here is my take on both issues.
1. You need to file I485 with the service center where i140 is pending. INS should transfer your case to appropriate service center if it deems fit. If you file I485 with VSC, they will either send it back to you or send it to TSC...

2. The statement of that clause about AC21 485 portability starts with the words " certification or approved I140 is valid if 485 has been pending more than 180 days", So you need a approved i140 in hand and 485 pending for 180 days or more.
So if at the time of I140 approval your 485 has been pending for more than 180 days then you can claim AC21 and cahnge employer to take up a similar job.
If at 180 days of RD of 485, your I140 is still pending, you need to wait till you receive I140 approval to change employer to take up a similar job...

I would be interested to see everybody's opinions (especially fellow senior members) on the second issue...
 
AC21

jaxen,

As by now, we have stated it over and over that the whole thing revolves around AC21 regulations which INS is keeping to themseleves. You have very clearly stated the if 140 approved and if not scenario and there is nothign much to add. Just for the sake of those 'authority' views, I found this.

Cyrus Mehta (http://www.cyrusmehta.com/news_cyrus.asp?news_id=725) stated that

"There are three areas that still remain unclear.

... It remains unclear whether one can exercise portability under Section 106(c) of AC21 when the I-140 has been filed and not yet approved. However, there is nothing in the language of Section 106(c), which requires that Form I-140 be approved as a precondition to “portability. "

So, there is no single, clear answer except some educated guesses, until AC21 ... :)
 
FWIW

I agree, nobody knows anything for sure. Whether to take the risk of a job change in the absence of regulations all revolves around the following factors if you ask me:

1. Is the change voluntary (i.e. do you have any choice);
2. What benefit are you getting from the change;
3. What are the consequences of a GC denial in your situation and can you live with them;
4. What exactly are you planning to do and how much risk is anticipated in the situation; and
5. Other considerations specific to individual cases.

In my opinion, AC21 clearly would apply to someone who has filed an I-485 after INS approved the I-140 and worked for the sponsoring employer for at least 180 days after filing the I-485. Then the only obstacle would appear to be the similarity of the positions. The futher you move form this relatively certain situation, the greater the risk involved.
 
Thanks for your replies

It seems like we do not have any firm answer unless INS clarifys that. I apprieciate if you constantly post your views. Thanks.
 
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