Forms I-140 and I-485 may be filed concurrently

more on this ruling

This is a interim ruling. According to my lawyer, interim ruling have an effective date and has the same legal power as final ruling, even when the interim ruling is during comment phase.

Yes, people could file Forms I-140 and I-485 concurrently


But is this a good news. What about AC21 where applicants could change the jobs after waiting for 180 days for a decision on I-485. According to my understanding and reading the ruling at http://frwebgate.access.gpo.gov/cgi...=02-19249-filed <http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-19249-filed> , it is not clear, whether INS will provide notice of approval on I-140 or if the application will receive a decision only when the whole process (I-140 and I-485) is completed?

What about 180 days rule of I-485 ? If this rule is not valid in today's ruling, then I do not like this ruling.

Your suggestions ?
 
they are asking I-797. What about for people with out I-797 (Future employement)

they are asking I-797. What about for people with out I-797 (Future employement)
 
they are asking I-797. What about for people with out I-797 (Future employement)

they are asking I-797. What about for people with out I-797 (Future employement)
 
The I-797 that they appear to be speaking about is the receipt notice for the I-140 if the I-140 is currently pending when the I-485 is filed. You have this regardless of whether this is a future position or not.

The question regarding AC21 portability is great. I think my advice would vary depending on the client's exact situation but it certainly is arguable that the 6 month clock begins to run when the I-485 is filed but it is possible (INS comes up with some unusual interpretations sometimes) that they may determine that the clock does not start until the I-140 is approved.

I tend to err on the side of caution when providing advice in this type of situation and I would suggest that the person stay with the sponsoring employer until six months after the I-140 is approved, at least until the rule has been out for more than a couple days.
 
Hi Jim

Hey Jim,

Could you guide us(in CT SESA thread), as to when can we expect CT SESA to move beyond April and what date is it currently working on?
 
Hi jim,
When i file for my concurrent processing for 140/485 when should i join the sponsoring company.
Again is it ok to show that i have similar job?
thanks so much.
bhaskar
 
Unclear

I wish I could answer this question for sure. You certainly are not required to work for the sponsoring employer (or any employer at all for that matter) until the GC is approved. The question then is one of whether AC21 portability will apply, when, and under what circumstances. It seems to me that AC21 certainly (or at least certainly if AC21 is to have any meaning at all) applies if you work for the sponsoring employer for 180 days after the I-485 is filed (I don't know for sure if this clock begins to run only when the I-140 is approved if the I-140 and I-485 are filed concurrently or whether (as the language of AC21 seems to clearly indicate) the clock starts when the I-485 is filed regardless of whether the I-485 and I-140 are filed concurrently.
 
EAD Number

Hi,

According to this rule when can I get EAD no. for my spuose.I filed my LC from Boston and I found out on somw site that I can get EAD no within a day. Is it true ? If not then when can I get it ?

I would appreciate your help.

Thank you.
-Priyam
 
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