source MurthyBulletin
VOL. VIII, no. 15; April 2002, week 2
Posted : April 12, 2002
I-140 Revocations
The hottest news item from the meeting came from Efren Hernandez, INS
Director of Business and Trade Services. Mr. Hernandez confirmed an earlier
indication that an Adjustment of Status (I-485) application could be
approved based on AC21 portability, even if the initial sponsoring employer
withdraws the I-140 after the I-485 has been pending for 180 days. Moreover,
in such instances the 180 days is measured as of the time the INS acts on
the request for I-140 withdrawal. That is, if the employer files a request
for I-140 withdrawal on day 150, but the INS does not process the request
until day 200, the I-485 is still "alive" and approvable.
VOL. VIII, no. 15; April 2002, week 2
Posted : April 12, 2002
I-140 Revocations
The hottest news item from the meeting came from Efren Hernandez, INS
Director of Business and Trade Services. Mr. Hernandez confirmed an earlier
indication that an Adjustment of Status (I-485) application could be
approved based on AC21 portability, even if the initial sponsoring employer
withdraws the I-140 after the I-485 has been pending for 180 days. Moreover,
in such instances the 180 days is measured as of the time the INS acts on
the request for I-140 withdrawal. That is, if the employer files a request
for I-140 withdrawal on day 150, but the INS does not process the request
until day 200, the I-485 is still "alive" and approvable.