Gray area of AC21. Please help answer.

S

sjariffu

Registered Users (C)
with the introduction of concurrency filing of I1140 and 485, what happens if the 485 is past the 180 days and the I140 is not yet approved? Can the beneficiary find employment with another employer?

My original I140 was approved but sponsoring company got acquired and therefore had to do I140 amendment. It's in the 8-9 months, nothing yet. Meanwhile, 485 is past 180 days too. What happens in such a case? So called gray area. Does AC21 apply?
Can previous employer discontinue I140?

Thanks in advance
 
The crucial thing is, yes the employer can withdraw I140 and that can result in I140 rejection, and thereby I485 rejection. So it is not a gray area.
So it is a risk chanigng employers when I140 is not approved.
My Opinion.
 
And FYI NSC and CSC have denied few cases filed by the law offices of Sheela Murthy. The cases were AC21, 1-485 pending more than 180 days and I-140 was revoked after 180 days. She posted this in her Bulletin 6-7 weeks back and she has spoken to INS H.Q they said they will contact the particular service centers (no update till today). INS has only issued one AC21 June MEMO or guidelines and many INS/ BCIS officers are not accepting this guideline as no final regulations are published, every lawyer has his/her own interpretation of the AC21, at last stage of I-485 it all depends on the BCIS officer, if he/she accepts the arguments by your lawyer or not.

Many cases are pending when I-485 was filed with approved I-140 and the person filed I-485 and I-485 crossed 180 days but I-140 was revoked before 180 days, no body knows what will happen to these cases, they fall in grey area as AC21 memo only says that Job should be similar and I-485 pending more than 180 days.no lawyer has any answer for these pending caeses.

No body is sure till the final regulations are published, many AC21 cases have been denied and many have been approved.
 
Thank you jaxen & ginnu,

I guess bottom line again is the issue is unclear, grey area. The safest is to stay put. I'm only raising the question because I am a consultant and the project I'm on is coming to an end pretty soon.

Another thing is, my I140 is an amendment. The original is already approved. In fact, my 485 is filed using original I140. Around the same time as concurrency rule or sometime before. Does this make a difference in my favor? I guess again its up to the officer examining my case.

I just hope all will be fine. Thanks all.
 
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