I-140 Portability Under 106(c)...Hard to Believe it’s True...

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chennai_boy_321

Registered Users (C)
I-140 Portability Under 106(c)
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a change of jobs with the same employer to a same or similar occupation. Previous memos issued by
CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member, Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may “port” to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.

http://boards.immigration.com/attachment.php?attachmentid=8501[/LEFT]
 
I have read the memo. It will give relief to frustrated people with USCIS policies. Do you think, it will come into REALITY?
 
Great news.

chennai_boy_321 said:
I-140 Portability Under 106(c)
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be “portable” with regard to a change of employers or a change of jobs with the same employer to a same or similar occupation. Previous memos issued by
CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member, Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may “port” to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the beneficiary’s status in the U.S. CIS is now drafting a formal memo to this effect.

http://boards.immigration.com/attachment.php?attachmentid=8501[/LEFT]
Click to expand...
This news is great and hope we will see a draft to the effect.
 
I-140 Portability Under 106(c)

Guys,
What does this memo means? Does it means if 140 and 485 is pending for more than 180 days, than 140 approval is NOT required for 485 to be approved?
I am confused...
thanks,
takegc
 
This would be absolutely amazing good news. There's unanswered questions though. If you change jobs and get an RFE, does the reply to the RFE come from the new employer or the old?

I just spoke to my immigration attorney. He checks the official AILA news twice a day, and had no knowledge of this development. Why? Is this information fabricated?

Doug.
 
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unanswered questions

1. after 180- days of i-485 what happens to i-140. if later denied what happens? during i-485 approval stage what happens. do u need a similar job then?

does not say how and what happens (concurrent or non concurrent etc)
 
this is the exact law section 106(c)

i found this from here:

http://www.ilw.com/lawyers/articles/2001,1105-Paparelli.shtm

can someone clarify and get Mr. Yates to issue a clear memo which we cna rely on and move on with our lives. COnsidering the pain and suffering caused they should issue a clarification on this. Anyone know people inside AILA who can provide info on this. THIS IS THE SINGLE BIGGEST SORE POINT OF ALL.




Portability Under § 106

AC21 § 106(c) amends § 204 of the Immigration and Nationality Act ("INA") by adding a new subsection (j). Under INA § 204, an employer may file an immigrant visa petition with the INS6 to employ an alien entitled to classification as an outstanding professor or researcher, a multinational executive or manager, a member of a profession holding an advanced degree or alien of exceptional ability, or a skilled worker, professional or other worker.7 Once the INS approves an employment-based immigrant visa petition, a sponsored worker whose immigrant visa priority date is current and who is otherwise qualified may file for adjustment of status.8 Section 106(c)(1) of AC21 provides that if an individual's application for AOS "has been filed and remained unadjudicated for 180 days or more," the immigrant visa petition will remain valid "with respect to a new job if the individual changes jobs or employers [and] if the new job is in the same or a similar occupational classification as the job for which the petition was filed."9 Section 106(c)(2) also provides that when an individual changes positions or employment, the labor certification for the original position will likewise remain valid.10
 
AC21 and Portability from Murthy Law

AC21 and portability from Murthy Law Office

August 04, 2004 ... 8/4/04 - Summary of AILA-USCIS Issues from JULY 31, 2004 Board of Governors Meeting

I40 Portability Under 106(c)
AILA has taken the position that the statute merely requires an I-140 and an I-485 to be pending for 180 days in order for a beneficiary to be "portable" with regard to a change of employers or a
change of jobs with the same employer to a same or similar occupation. Previous memos issued by CIS had inferred that an I-140 must be approved and that the I-485 must then be pending for 180 days before portability attaches. The new General Counsel of the CIS, former AILA member,
Robert Devine, and William Yates appear to have agreed with AILA that an I-485 beneficiary may "port" to a new employer or position if the I-485 has been pending for 180 days, regardless of whether or not the I-140 has been approved. The subsequent withdrawal of the I-140 by a petitioner or denial of the I-140 petition by the Service Center would have no impact on the
beneficiary's status in the U.S. CIS is now drafting a formal memo to this effect.

Thank you for your eMail. This is an issue that AILA has been working on for quite some time. While there have been discussions and agreements in principle, there is nothing official in writing at this time. It is always uncertain the amount of time that it will take to obtain a memo with a changed policy. Sometimes, the memos appear quite quickly while, in other situations, you will have oral statements by the government but no memo for a year or more. At this time, while this is a generally favorable sign, there can be no action that should be taken in reliance upon these discussions. The previous memo requiring the approval of the I-140 is still the policy.

If there are any official announcements on this matter or a new memo, we would include it in our weekly MurthyBulletin.

Dana J. Delott*

Attorney at Law
 
I'll ask again. Why apparently does the AILA news updates not include this information? My lawyer knows nothing about it. He assured me he checks the AILA updates twice a day, every day.
 
please help release the memo

please ask them to release memo and help us now.

I request all attorneys and AILA to show compassion and help us by getting this done soon with a clear memo explaining some relief due to processing times in ca taking more than one year for i-140 and atleast a timeline when everything will be adjudicated.

time is everything and relief is needed NOW.I again request all attorneys to act in a selfless manner ilke Mr.rajiv Khanna and constantly use the law and AILA forums to get the memo now. This one memo will bring instant relief to many.

Thank you,
 
My lawyer mentioned that "she has also received the same information that some sort of official CIS policy will soon be released for 140 Portability. This will be very helpful in clarifying their policy on the 180-day rule. But she agrees that, until such time as an official policy is issued, we can’t rely on statements or unofficial memos. Let’s hope an official policy is issued soon so that people in the concurrent filing situation can finally know whether they have access to the 180-day rule."
 
Personaly, I don't think changing job before I-140 is through is a good idea, just imagine how a company would respond to an RFE after you resigned.
I just got an RFE, and I'll have to fight to move the HR & Finances to respond to it.
They already don't care much, so if I was not part of the company any more, they would just not do a thing on it.
Just my II cents,
t3k
 
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