I-40 amendment & AC 21rule

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vijaynathg

Registered Users (C)
Hi guys,

I have applied my I-140 through Company A in July and later the company A spinned off our Operations because of which we became Company B.
When I am in Company B due to the new Immigration Law of Concurrent Filing Of I-140/I-485, I went forward and applied my I-485 being in Company B.
Last week my I-40(which was on Company A) got approved. And also technically my 180 days of I-485 is also over. So Am I eligible to use the AC21 rule and can shift into other job using my EAD, or since this is a concurrent filing, does rules differ.

And also since I have been spinned off, do I have to file a I-140 amendment.(note: my I-140 already got approved last week)

I am all confused with the AC21 and concurrent filing, so gurus please help me out in this regard.
 
technically, your 180-day counter starts when your i-140 is approved, not when you file your concurrent 140/485.

but this 180-day rule is kind of loose, it's safer to stay with your current employer for a little bit longer (>180). some people change jobs right away and it turned out to be fine. for your own good, better not unless company lays off you.
 
vijaynathg

The 180 day counter starts from the RD of I-485, not from the I-140 approval date. The rule is same for concurrent filing and sequential (I-140 approved and applying I-485). The only difference is at the end of 180 days, there is no guarantee that your I-140 will be approved in concurrent filing, where as its already approved in sequential filing.

Bob
 
Thats true. The 180 day counter starts from the RD of I-485, it has nothing to do with the approval date of I-140.
 
You may have to file I-140 amendment

I remember there were some issues with Rapidigm earlier. 2 companies 'Computer People' and 'RPM Systems' merged to form Rapidigm. I-485's filed later(when the company name became Rapidigm) based on the I-140's filed by Computer People and RPM systems and approved, received RFE's in almost all cases. I think Rapidigm has filed I-140 amendments to all those applicants and set the things straight.

I am not sure whether anyone of them are now in the forum, because most of them were approved in 2001/2002 itself. If any of those Gurus are still in the forum, can you please comment on this?

I also advice you to talk to your lawyer about this.

Bob
 
AS long as your 140 is not revoked you can use AC21 counting the days from your 485 receipt. NO need to go in 140 amendment loop. Check with good attorney.
 
company merger

When I applied for my 140 back in April 2001, my company (A) was in the process of getting merged with company B and became company C by the time i got my 140 approval thru co. A. So, when I filed for I-485 in Oct. 2001, I mentioned the name of company C (in the biographic information form; I guess i also submitted paystubs received from company C along with an employment letter). Eventually, an RFE was issued in October 2002 (regular RFE regarding current employment, paystubs, tax-return, maintenance of legal status throughout your stay in USA etc. etc.). Therefore, I submitted employment verification on the letter head of Company C (successor of company A). You can also mention that Company C took over all the labor and immigration related responsibilities from Company A. My lawyer suggested me to do this and said it's unnecessary to file an ammendment for 140 unless INS asked for it. My case got approved on April 15, 2003 without any further issuance of RFE. In case, another RFE had issued, I would have probably thought about doing a 140 ammendment.

Anyway, if i were you, i would ask my lawyer regarding what to do. Also, ask your lawyer regarding the wording on the employment letter (obviously if an RFE is isseued). Until an RFE is issued, don't worry about it. You're better off in this case since you had already filed for both I 140 and I 485.
 
Similar

My case is also similar.
Got I-140 approval with X. filed I-485 with Y which brought 'X'.
I want to change company now, but still reluctant. May be I would change this year.
 
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