Any volunteers for this one.
Tuesday, January 06, 2004
From: <Your address>
To:
William R. Yates /s/ Janis Sposato
Acting Associate Director for Operations
U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security
SUBJECT: New offer of employment while Form I-140 is pending and Form I-485 has
been pending 180 days or longer, under the flexibility provisions of §106(c)
of AC21
The memo, HQBCIS 70/6.2.8 – P (I140_AC21_8403.pdf), addresses the following
A. Approved Form I-140 Visa Petitions and Form I-485 Applications
B. Provisions in Cases of Revocation of the Approved Form I-140
C. Validity after Revocation or Withdrawal
but it did not exemplify whether the change of job or employer is allowed while Form I-140 is pending and Form I-485 has been pending 180 days or longer
There has been perpetual delay by Service Centers in processing Employment Based (EB) Form I-140 processing. Because of this delay and while Form I-140 is pending and Form I-485 has been pending 180 days or longer, if the employer closes the company or if the employee gets laid off, the entire Permanent Residence processing has to be abandoned and the employee has to start from the scratch and once again spending years of time and so much money.
So I humbly request USCIS to fathom the permanent residence aspirants' above-mentioned problem.
The above-mentioned problem shall be alleviated, If there is a provision to allow the beneficiary of the Form I-140 to change 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 and Form I-140 remained unadjudicated and Form I-485 has been pending 180 days or longer. This gives some relief for the beneficiary of the Form I-140 and he/she can continue the permanent residence processing without abandoning it and with no threat from the employer through which the immigration petition Form I-140 was filed.
Thank you,
<Your Name>
Reference:
q HQBCIS 70/6.2.8 – P dated August 4, 2003
q American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (AD03-16) and section §106(c) of AC21