I140 pending - immigration officer's update on AC21 portability.

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uk123

Registered Users (C)
I spoke to an immigration officer about AC21 portability to my case. He provided the following information.
"If a 485 is pending for more than 6 months, you can change employers, irrespective of whether I-140 is approved or not. Under this sccenerio, you can change employer, as the previous employer has no control over your I-140 and even if they revoke I-140, all the service centre needs is AC21 papers. He mentioned that this rule is irrespective of the service centre in which the application is filed".

Though we have discussed about this AC21 issue many a times, there seems to be a common misconception among the immigrant community/attroneys, which is different from what the immigration officers understood about AC21.
If we can change employer, are we immigrant communities imagining things and putting ourselves into trouble?.

Can some one who have changed job voluntarily with I-140 pending, but got GC, reply to this? (I have seen one, but not sure whether he voluntarily changed his employment) - I would be more interested in hearing from someone who filed at NSC.

Also I would like to know how many got rejected at the GC stage from NSC, due to this reason.

I am starting this thread to clarify all the misconceptions we have regarding AC21 portability related to NSC.

can any attroney say why they have a different view than that of immigration officers?

Also I would like to hear from others in this forum who have any opinion on this topic.
 
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uk123,this issue has been discussed and beaten to pulp
After a whole lot of discussion it was decided that using AC21 after 140 approval is the only solution.The immigration officer told you,what he interpreted but if you call back again and talk to somebody else ,he will say otherwise.Somebody had asked the same question in writing and posted a written communication from USCIS that the guy received saying that 140 approval is necessary for AC21.You will have to search for the thread but unless you get something in writing do NOT take the risk.
 
Thanks gcbandwagon.

I have read many information about AC21 till now, and even I was under the same impression that changing job before I-140 is risky. But finally, I decided to check with the immigration officer for sure, so that I will be able to change jobs. And the information he gave was kind of hopeful to the immigrants, hence decided to post.

OK, I will hold on to the current job as much as I can.

I wish AC21 portability states about the I-140 status, so that this confusion is cleared among all of us.!!
 
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I think it's must that you have I140 cleared and 180 days of pending 485... I am not sure if you've read this


uk123 said:
Thanks gcbandwagon.

I have read many information about AC21 till now, and even I was under the same impression that changing job before I-140 is risky. But finally, I decided to check with the immigration officer for sure, so that I will be able to change jobs. And the information he gave was kind of hopeful to the immigrants, hence decided to post.

OK, I will hold on to the current job as much as I can.

I wish AC21 portability states about the I-140 status, so that this confusion is cleared among all of us.!!
Click to expand...
 
Thanks for everyone who contributed, Also providing me the links with valuable information. I think it is better to play safe than be sorry lateron.
 
Here's my situation (and I have pretty much given up hope until I read this board).

RIR Labor filed in AZ 3/10/04
Labor approved ~ 10/20/04
I-140 RD: 10/28/04
I-485 RD: 12/28/04
1st FP: 2/9/04
AP: approved end of Feb
EAD: approved end of Feb

Company A closed facility and laid me off on 2/4/05. Transferred my H-1B successfully within 28 days to company B in similar job (more pay). Company B filed non-RIR labor immediately to preserve 7th year extensions (we are cutting it close and did already recapture). H-1B now expires 2/28/06.

While I we are intending on filing PERM soon as well, I am still interested if there's any way to use the approved labor from company A and continue the I-140 processing (I-140 hasn't been approved and I-485 less than 180 days pending). Company A indicated that they would request revocation of I-140 - however USCIS website still shows it all still pending.

My stratehy so far has been to wait until I-485 has been pending 180+ days (that would be at the end of June 2005) and then inform USCIS of AC-21 and intend to continue processing.

What if they cancel I-140 before that date? How much time do I have to respond? Can I wait until 180 days are up and then respond? I know company A will not reconsider as they turned out very opposed to keeping my application running (although I had always had good relationship within the company).

Thanks for any suggestions. It is annoying when you are almost done and then have to go back to '0' again and all the uncertainty.
 
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