If you have receipt of filing I-140 or copy of approved I-140 that has EAC, NSC or WAC # on it you can check the I-140 status visiting BCIS Online and punching that #
According to recent post by Murthy or letter issued by BCIS official if I-485 is pending more than 180 days and your employer has not Revoked I-140 and was pending for 180 days you are safe, you can use AC21
Visit:
http://www.murthy.com/UDrevapp.html
**** If you read above still many get confused, Murthy still says that if I-140 is revoked and I-485 pending more than 180 days one can use AC21
in the other thread attached letter by Efien Hernadez, Director, Buisness and Trade services
it clearly says that if I-485 is pending more than 180 days and I-140 is revoked after that then one can use AC21
Murthy says I-140 revocation will have no affect if I-140 was approved and I-485 was filed and pending more than 180 days.
*** She is not clear if:
for Employee I-140 was approved and then I-485 was filed and Employer revoked I-140 after say 70 days after filing of I-485 and I-485 crossed more than 180 days. Employee joined new employer similar/same job duties.
Murthy is silent on this, she posts
"AC21 appears to be clear that an employment-based petition and
supporting labor certification remain valid with respect to a new job offer if
the foreign national changes jobs or employers, as long as the new job
is in the "same or similar" field and the adjustment application has
been filed and remains unadjudicated for 180 days or longer. The
subsequent revocation of the I-140 petition should be irrelevant if it occurs
after the I-140 petition has been approved and the I-485 has been
pending for a minimum of 180 days. It simply should not matter whether the
original sponsoring employer decides to revoke the underlying I-140
petition .
**** Still confusion for those who’s I-485 pending more than 180 days but I-140 revoked before 180 days. It is not clear from Murthy.
The letter from BCIS clearly states that approved I-140 should be pending for 180 days after filing of I-485 and I-485 should be pending more than 180 days with valid I-140 (not Revoked)
