I have a question regarding clarification 14 in the interim guidance:
>>Question #14: Must the alien have a new offer of employment at the time I-485 is being adjudicated under the I-140 portability provisions?
>>Answer: Yes. The alien cannot still be looking for "same or smiliar" employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time I-485 is adjudicated.
Does this mean that you could be in a different position (than mentioned in the labor classification) at the time of I-485 adjudication assuming you were in a similar position when you moved to the new company using AC21?
>>Question #14: Must the alien have a new offer of employment at the time I-485 is being adjudicated under the I-140 portability provisions?
>>Answer: Yes. The alien cannot still be looking for "same or smiliar" employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time I-485 is adjudicated.
Does this mean that you could be in a different position (than mentioned in the labor classification) at the time of I-485 adjudication assuming you were in a similar position when you moved to the new company using AC21?