I-140 PORTABILITY UNDER AC21 guidelines.

F

freebird140

Registered Users (C)
Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all.
 
My lawyer advised not to move without 140 approval

freebird140 said:
Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all.
Click to expand...

My lawyer said that the internal memo is a memo, not regulation. He strongly advised me not to move wthout 140 apporval even if 485 is pending for six months. Any opinion, guys?

DocPC
 
freebird140 said:
Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all.
Click to expand...

Everything is fine if your old employer honors the I140 process and let it approved :). If they withdraw the I140 before it is approved, everything is gone since the I485 will become invalid.
 
in the internal memo it clearly says that the employer can not withdraw the I-140 . Any thought?

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
 
freebird140 said:
in the internal memo it clearly says that the employer can not withdraw the I-140 . Any thought?

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
Click to expand...

However they can refuse to response to RFE and not provide any information when they receive the RFE for that case :)
 
newbies said:
However they can refuse to response to RFE and not provide any information when they receive the RFE for that case :)
Click to expand...

Hi,

Freebird is not free yet after all. While the memo clear , it is not a regulation, rather it is a guideline. It is safe to wait for I-140 approval and then switch.
 
1-140 approved but no 485 yet? can i still change jobs

Hi,
My I-140 is approved with EB3 status and have not filed for 485 yet. What are the guidelines for changing jobs in such scenario. I beleive I can change jobs abut will have to file for labor and 140 again but I can use my old PD? is it true? also, does the job has to be very similar to previous labor and in same region? THANKS
 
Your old employer should not revoke your I140 and your new employer starts GC all over. PD is portable across EB1/2/3, so need not be similar jobs. It needs to be similar only if you are using AC21
 
Can Chnage Job, Most Probably Can not Port I140

I485 (180 days) is the key for you to port your I140.

You are right, I think u can change jobs abut will have to file for labor and 140 again and I think you can use your old PD.

Don't think the job have to be very similar, but heard that may need to be same EB category ( not sure)
 
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