Important I-140 issue

L

Lucky1111

Registered Users (C)
Guys,

I received an email from my lawyer and wanted to share it will all of you. Here you go:

My Question: in the case if I got laid off, can I still continue with my case if I
find a new employer with the same job category and title? I have read
about the AC-21 portability but it is not stated clearly that if it
needs I-140 to be approved as a must or not. What is your comment about
this?


Lawyer's Answer:

*********As of today, the US Citizenship & Immigration Services still
has not said whether the I-140 has to be approved in order for an alien
to benefit from portability. I have heard from reliable sources that the
USCIS will soon issue a directive that the I-140 need NOT be approved in
order to portability to continue. As you must know, the I-485 adjustment
application needs to be pending for at least 180 days in order for
portability to kick in. If you change to a
new employer, the new position has to be in the same or similar
occupation, not with the same title. I think we labeled your position
, so if you get a new job doing something like that, you should be okay.
 
Lucky1111 said:
Guys,

I received an email from my lawyer and wanted to share it will all of you. Here you go:

My Question: in the case if I got laid off, can I still continue with my case if I
find a new employer with the same job category and title? I have read
about the AC-21 portability but it is not stated clearly that if it
needs I-140 to be approved as a must or not. What is your comment about
this?


Lawyer's Answer:

*********As of today, the US Citizenship & Immigration Services still
has not said whether the I-140 has to be approved in order for an alien
to benefit from portability. I have heard from reliable sources that the
USCIS will soon issue a directive that the I-140 need NOT be approved in
order to portability to continue. As you must know, the I-485 adjustment
application needs to be pending for at least 180 days in order for
portability to kick in. If you change to a
new employer, the new position has to be in the same or similar
occupation, not with the same title. I think we labeled your position
, so if you get a new job doing something like that, you should be okay.
Click to expand...

That is contrary to what the USCIS representative said at the AILA Convention in June but who knows.
 
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