Important question on AC21 and I-140 "portability" - please respond

V

VaeVictis

Registered Users (C)
After reading several articles and transcripts on this issue on the Internet I\'m not any clearer about this:
AC21 states that one can safely change jobs after 180 days from the RD, which SORT OF suggests that the sponsoring employer loses control over the I-140 after 180 days. This is "recognized" here: http://www.murthy.com/UDac21up.html (see paragraph 5).
There seems to be no clear INS rule for what a sponsoring employer can do with an I-140 after 180 days and several articles I read so far suggest that the INS can withdraw the I-140 at the employer\'s request which can lead to an I-485 denial.

Have any of you changed jobs (after or before 180 days) and your sponsor chose to reques the withdrawal of the I-140? Have any of you had any trouble with this?
Please share your experiences!

Thanks!

v.v.
 
Dilema about 140 portability or the definition of "similar"?

Having seen your recent posts, I must ask whether the dilema you mentioned refers to the 140 portability or just to the definition of "similar".

After posting the question last night, I kept on reading and found this within AC21 under section 106(c) (http://www.immigration-law.com/485 Ancillary.html):
"The AC 21 Section 106(c) provides that the certification or Form I-140 approval of an EB immigrant petition shall remain valid when an alien changes jobs, if ... ",
... so I guess this does mean that there can be no I140 withdrawal after 180 days.

Still, everyone, please share your experiences with your sponsors if you have changed jobs!

v.v
 
Ram

The sponsoring company DOES NOT have any control over an I-140 once the stipulated period of 180 days is over. So if you move after the completion of 180 days you are out of the clutches of your sponsoring company and are safe.
 
No Title

My side of the story.
Applied I-485 on 1/22/01 and laid off in 2/14/01. I did not even get a I-485 receipt. I got a new job in March, and applied for an H-1. Soon after my application to H-1,I got my I-485 receipt. Before my H-1 approval, I got my EAD. I was patiently waiting, and my case got approved in 3/4/02, without any problems.

The information I gathered is as follows: Once you apply for I-485, and 180 days passes you are fine, no problem if you are not in the same job. It may be possible, if there is an RFE and they request information about the w-2 and payslips, you can provide what you have at that time. In case you have lost your job at the time of an RFE, then you have to write an explanation about it. That should solve the problem, given that you explain the situation properly.
 
that\'s my interpretation as well

... just wondering how come several lawyers have been advising against it (with respect to 140 withdrawal), even after the June 2001 Memo which clarified the issue. I guess it\'s just like in any other business, some know their stuff, some don\'t have much clue what they\'re talking about.

v.v.
 
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