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I485 denied, case of AC21
- Thread starter ps0868
- Start date
eadwoes said:Ginnu, No offense but could you please not quote the entire message? Your responses are valuable to most members here but they would be so much easier to read if you did not quote the entire message and just posted you responses.
i know you are saying it in good faith but i have been seeing/reading ginnu's answers for a long time now and i think he opted this approach for a reason
the best person to answer this is ginnu himself..
Finally my MTR was mailed today by my attorney. They adviced me that expediting this thru senator / congressman's office is one approach and the other approach is thru Attorney Association. You can not expedite with both the approach. I was asked to make a choice and I decided to let my attorney expedite thru their Attorney Association. Any experience or advice on this?
ramavataar
Registered Users (C)
this might help
http://immigrationportal.com/showthread.php?t=140064&highlight=murthy
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.
http://immigrationportal.com/showthread.php?t=140064&highlight=murthy
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.
ps0868
I feel sorry for you. You are fine as long as your MTR goes out within 30 days of denial. Your EAD is valid.
Change your attorney to one who knows about MTR. Rajiv Khanna is best. Your employer should employ you as long as MTR is filed. Else, look for another employer on your EAD. MTR can take upto 1 year for approval.
Excuse me for the delay in reply.
I feel sorry for you. You are fine as long as your MTR goes out within 30 days of denial. Your EAD is valid.
Change your attorney to one who knows about MTR. Rajiv Khanna is best. Your employer should employ you as long as MTR is filed. Else, look for another employer on your EAD. MTR can take upto 1 year for approval.
Excuse me for the delay in reply.