Help: 140 status during 485

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GC_ka_jhanjhat

Registered Users (C)
My 485 is been pending for more than 1 year and working for same employer. There is possibility of some job cuts in the organization.

When contacted with the company lawer, he says company will revoke I-140 when employee is terminated.

What are my options here If I loose my job ?

Can I still continue 485 with a different employer by using AC-21 ?

Thankyou for the feed back..
 
I don't think you can apply AC21 if the underlying I-140 is revoked.

I read in the Murthy site sometime back that they challenged some of the I-140 revocation and got it reversed - I think you can hope to get your approval before any termination.

If you are terminated - you don't have to show post approval intent to stay with the company - so no need to worry there.
 
I-140 cannot be revoked

Once 6 months pass I-140 cannot be revoked. This is what AC-21 stands for- portability after 6 months.
 
I agree with gambler. In case you are terminated, just use EAD to find another job with similar duties as soon as possible. As long as you have a job offer when I485 is about to be approved, you are fine.
 
Thanks again for response.
I started inquiring, because of recent hot discussion on 'Murthy's chat' - BCIS is bringing a memo this Friday that 485 can be continued even 140 is revoked... Ofcourse it is not clear on what that chat was about.

This triggered me to think .. then
what advantage we will have with AC-21 : if 140 can be revoked.
 
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