I-140 pending and ACT21

L

Lucky1111

Registered Users (C)
Dear subject matter experts, lawyers and immigrations gurus,

I am currently working for company A. My concurrent I-140 and I-485 has been filed and has a RD of 12/01/2003, I have a job offer from company B for the same position and job title. The compnay B is an international well-known comapny. I wanted to see if i can use ACT21 since it has been 180 days past the filling date of I-485 and I-140. It looks like it is getting longer and longer to have I-140 approved and i don't want to lose this opportunity.

Please advise the best way to handle this case.

The other question is if you guys know any skillful immigration lawyer in chicagoland area. I appreciate if you send his/hers cantact to me. I cannot consult with my company lawyer in this matter.

Thank you all

Lucky1111
 
Well, you may want to look at tons of posts from other threads on the issue.

Essentially most of people and USCIS think you should have your I-140 approved plus I-485 > 180 days before you can jump to another boat.

fiveice
 
This issue has been beaten to pulp.Fiveice has said it correctly.If your present job is secure then stay and get your 140 approved,if your management is going to kick you out anytime then it does not matter anyways, so jump the ship.
 
Hey Lucky1111, most of us are in the same boat. We cannot use AC21 until you have the demon I140 approved and the I485 with 180 days pending. Anyway, this is a good immigration attorney, you can reach him at 248-336-0402.
 
Valcris29,

Thanks for your reply,

I talked to my ( company) lawyer and asked the folowing question and got the follwoing respond from her. It sound interesting, but still i am dubious about it:

here you go:



My Question: in the case if I got laid off, can I still continue with my case if I
find a new employer with the same job category and title? I have read
about the AC-21 portability but it is not stated clearly that if it
needs I-140 to be approved as a must or not. What is your comment about
this?


Lawyer's Answer:

*********As of today, the US Citizenship & Immigration Services still
has not said whether the I-140 has to be approved in order for an alien
to benefit from portability. I have heard from reliable sources that the
USCIS will soon issue a directive that the I-140 need NOT be approved in
order to portability to continue. As you must know, the I-485 adjustment
application needs to be pending for at least 180 days in order for
portability to kick in. If you change to a
new employer, the new position has to be in the same or similar
occupation, not with the same title. I think we labeled your position
, so if you get a new job doing something like that, you should be okay.


Any idea about this???
 
for lucky1111

lucky1111,

i am curious to know which law firm mentioned to you about the possible new directive from INS that I140 need NOT be approved for AC21 use. I'd like to know more details.

If possible, can you post their name/phone # (or else, pl. send me a private message) regarding this. we are exactly in the same boat as i am too waiting for my I140 (filed in 10/2003) to move to a new job. appreciate your response.

-aws
 
yes lucky1111, I am in the same boat too; Filed my I-140 in Sep 2003 and still waiting !
 
guys

the thing is as of now there is no such directive so switch at your own risk, in any case i am also very curious to know who told lucky1111 about this, if you get any more info, let us know.
 
iknowitall said:
guys

the thing is as of now there is no such directive so switch at your own risk, in any case i am also very curious to know who told lucky1111 about this, if you get any more info, let us know.
Click to expand...

This is a debate in immigration community. One expert attorney also told that there are no strict guidelines given .
His advise is do not change the employer before 140 approval but where unavoidable, he argue with USCIS same as lucky1111 ‘s attorney mentioned.
Good luck,
R
 
My attorney is very concervative, he has the same point of view!! In the doubt, I will not change unless the worse happen and I get laid off.
 
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