Is pending I-140 portable after 180days?
- Thread starter kvasu9999
- Start date
AC21 portability
Hi KVasu
As Edison said one cannot use this AC21 if your I-140 is pending even after 180 days of I-485 filing. But if your employer says that they still support your I-485 for your future job, then you can do so. In my case this is what happened. I lost my job a couple of weeks back but I-140 is still pending for about 18 months or so and finally got an RFE. I have time till Dec 01 2003 to answer this.
But my employer confirmed and assured me that they are supporting my case for a future job and accordingly informed my attorney (company attorney only). Then my attorney called me and said that normally companies don't give such promise or support and in my case they did so. He told me I must be lucky to have a situtation like this and there should not be any problem for me to stay legally till my case is approved. My I-485 is pending for more than one year. (RD date : Sep 26 2002).
So be careful when you are using this AC21 . If BCIS asks you to get a letter from your company about the sponsorship whether your company willing to support your case?
Sekar
Hi KVasu
As Edison said one cannot use this AC21 if your I-140 is pending even after 180 days of I-485 filing. But if your employer says that they still support your I-485 for your future job, then you can do so. In my case this is what happened. I lost my job a couple of weeks back but I-140 is still pending for about 18 months or so and finally got an RFE. I have time till Dec 01 2003 to answer this.
But my employer confirmed and assured me that they are supporting my case for a future job and accordingly informed my attorney (company attorney only). Then my attorney called me and said that normally companies don't give such promise or support and in my case they did so. He told me I must be lucky to have a situtation like this and there should not be any problem for me to stay legally till my case is approved. My I-485 is pending for more than one year. (RD date : Sep 26 2002).
So be careful when you are using this AC21 . If BCIS asks you to get a letter from your company about the sponsorship whether your company willing to support your case?
Sekar
kvasu9999:
unless you have approved I140 you can't transfer job no matter even if I-140 is pending for one year.
In other words you have to have approved I-140 than only the 180 days rule applies.
I am not a lawyer but I can tell this matter to you with 100 % certainty.
unless you have approved I140 you can't transfer job no matter even if I-140 is pending for one year.
In other words you have to have approved I-140 than only the 180 days rule applies.
I am not a lawyer but I can tell this matter to you with 100 % certainty.
Ksekar is correct. My company told me same when they were about to terminate me (Luckily I got next contract soon and routed thru them) My 140 is approved now.
You are safe if your sponsoring employer supports you and does not inform BCIS that you no longer work for them., because Your 140 is valid on the basis of 'future job'.
Now to answer your question, I-140 is not portable. You cannot change jobs without consent from your employer, if 140 is not approved no matter how many days have passed after filing 485.
You are safe if your sponsoring employer supports you and does not inform BCIS that you no longer work for them., because Your 140 is valid on the basis of 'future job'.
Now to answer your question, I-140 is not portable. You cannot change jobs without consent from your employer, if 140 is not approved no matter how many days have passed after filing 485.
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myself_12342002
Registered Users (C)
HI,
I was kinda in the same situation last month my solicitor said that in the new ac21 act, BCIS never touched the topic about whether your 140 is approved or not about 180 days portability, what my solicitor said is if BCIS doesn't specify the point, it's upto the person to assume and go ahead, as other's mentioned if your employer still supports your 140 just in case if you get an RFE for 140 it's fine, you can change your job without any concern. Check with your employer whether he can support your 140 even if you leave his Company.
These are just my thoughts..
Good Luck
I was kinda in the same situation last month my solicitor said that in the new ac21 act, BCIS never touched the topic about whether your 140 is approved or not about 180 days portability, what my solicitor said is if BCIS doesn't specify the point, it's upto the person to assume and go ahead, as other's mentioned if your employer still supports your 140 just in case if you get an RFE for 140 it's fine, you can change your job without any concern. Check with your employer whether he can support your 140 even if you leave his Company.
These are just my thoughts..
Good Luck
AC21 Portability
I am in a similar situation. My 140 and 485 were filed concurrently in Jan. 2003. My last assignment was over on May 31 2003 and I've been out of work for 4+ months. Now, my employer says he will not withdraw the 140 petition even if I leave the company. But I could not get a written gurantee from my employer about this. The attorney says if you can get a letter from the sponsoring employer stating that your 140 will be supported until it is approved, that will be great. Otherwise changing the job is risky. But I have decided to take the chance because of my financial situation. I have a kid and surviving without medical insurance has been very tough and so I am joining a permanent position in November. I am only hoping that the sponsoring employer will support my 140 if there is any RFE. Got to wait and see until that time, but hey atleast I get to see some money rather than nothing.
I am in a similar situation. My 140 and 485 were filed concurrently in Jan. 2003. My last assignment was over on May 31 2003 and I've been out of work for 4+ months. Now, my employer says he will not withdraw the 140 petition even if I leave the company. But I could not get a written gurantee from my employer about this. The attorney says if you can get a letter from the sponsoring employer stating that your 140 will be supported until it is approved, that will be great. Otherwise changing the job is risky. But I have decided to take the chance because of my financial situation. I have a kid and surviving without medical insurance has been very tough and so I am joining a permanent position in November. I am only hoping that the sponsoring employer will support my 140 if there is any RFE. Got to wait and see until that time, but hey atleast I get to see some money rather than nothing.
LC Silence,
My understanding is that AC21 law is not specific and vague.
Frankly, I don't even know my lawyer really knows all about
the law. But I just decided to wait and see.
My lawyer seems to believe that you can chage the job, 6 month after you filed both 140 and 485 regardless of 140approval and I did not want to challenge my lawyer.
When every other qualifications meet, I think it's ok.
BUT WHO KNOWS? It's totally up to them..GOD BCIS
My understanding is that AC21 law is not specific and vague.
Frankly, I don't even know my lawyer really knows all about
the law. But I just decided to wait and see.
My lawyer seems to believe that you can chage the job, 6 month after you filed both 140 and 485 regardless of 140approval and I did not want to challenge my lawyer.
When every other qualifications meet, I think it's ok.
BUT WHO KNOWS? It's totally up to them..GOD BCIS
LaidOff- 140 pending
My I140 is pending for over any year- ND 10/01/02- EB2- no RFE yet.
I lost my job last week. My employer does not have a defined policy on this subject. I think they would not stop the 140 processing but may not respond to an RFE.
I think the portability becomes applicable - if there is anything to port. If 140 falls thru for reason of RFE etc or whatever- you have nothing to port.
This is discussion link from past on portablity
I had a lengthy discussion with my lawyer- his opinion is:
1. If there is no RFE everything is OK.
2. If there is an RFE and employer does not respond- everything will die- I will be immediately out of status- sort of will have no alternative at that stage.
3. There is no need at this stage for AC21 or that does not even apply.
He suggests hope don't get an RFE or persuade past employer to respond if that happens.
Or restart H1 and all that - my 6 yrs are over on H1- I can potentially get a 7th yr extension- meanwhile do labor and concurrent and get new EAD- that is such a very long shot for me- cant even think of doing that.
OR Immigrate to Canada.
I have just decided to find another similar job and will keep my fingers crossed and hopefully 140 will evetually come thru. I have a valid EAD till Dec'04.
The whole thing sucks- we are men we have to deal with that stuff like men.
Wish me luck. Best of luck to everybody.
HTH
But I have good news (I saved a ton of money on car insurance)- the job market seems to be surprisingly healthy
My I140 is pending for over any year- ND 10/01/02- EB2- no RFE yet.
I lost my job last week. My employer does not have a defined policy on this subject. I think they would not stop the 140 processing but may not respond to an RFE.
I think the portability becomes applicable - if there is anything to port. If 140 falls thru for reason of RFE etc or whatever- you have nothing to port.
This is discussion link from past on portablity
I had a lengthy discussion with my lawyer- his opinion is:
1. If there is no RFE everything is OK.
2. If there is an RFE and employer does not respond- everything will die- I will be immediately out of status- sort of will have no alternative at that stage.
3. There is no need at this stage for AC21 or that does not even apply.
He suggests hope don't get an RFE or persuade past employer to respond if that happens.
Or restart H1 and all that - my 6 yrs are over on H1- I can potentially get a 7th yr extension- meanwhile do labor and concurrent and get new EAD- that is such a very long shot for me- cant even think of doing that.
OR Immigrate to Canada.
I have just decided to find another similar job and will keep my fingers crossed and hopefully 140 will evetually come thru. I have a valid EAD till Dec'04.
The whole thing sucks- we are men we have to deal with that stuff like men.
Wish me luck. Best of luck to everybody.
HTH
But I have good news (I saved a ton of money on car insurance)- the job market seems to be surprisingly healthy
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All I can say is believe in yourself and have faith in God.
I think you should seriously start looking for a client and get started again with your GC employer and once you get your I140 approval, you can always look for another better job.
It is really a bad idea at this point to start all over again as you are so close to getting the approval for I140.
Best of luck sb_tiger
Needhelp1
I think you should seriously start looking for a client and get started again with your GC employer and once you get your I140 approval, you can always look for another better job.
It is really a bad idea at this point to start all over again as you are so close to getting the approval for I140.
Best of luck sb_tiger
Needhelp1
Apply H1 as a back-up!
Sb_tiger,
Sorry to hear about your situation. I think you are working on EAD (since 6 years on your H1 is over). Try to persuade your employer to continue the I-140 process (ie. get a commitment that he won't withdraw the application / Would promptly reply for the RFE's). Get a new job and continue working on EAD -- the new employer should file H1 as a back-up. Don't use H1 now - God Forbid -- if 140 is screwed up, you can travel outside the country, get H1 stamped and continue the job on H1....
I am almost in a similar situation like you and my attorney is very much against Portability when 140 is pending and gave the above suggestion, if i am ready to take risk.
Please consult an attorney and take a decision. If it is a do-or-die situation, i would take this decision.
Please update this thread with your progress!
God Bless!
Sb_tiger,
Sorry to hear about your situation. I think you are working on EAD (since 6 years on your H1 is over). Try to persuade your employer to continue the I-140 process (ie. get a commitment that he won't withdraw the application / Would promptly reply for the RFE's). Get a new job and continue working on EAD -- the new employer should file H1 as a back-up. Don't use H1 now - God Forbid -- if 140 is screwed up, you can travel outside the country, get H1 stamped and continue the job on H1....
I am almost in a similar situation like you and my attorney is very much against Portability when 140 is pending and gave the above suggestion, if i am ready to take risk.
Please consult an attorney and take a decision. If it is a do-or-die situation, i would take this decision.
Please update this thread with your progress!
God Bless!
REF on I140
Most REF on I140 is about company's financials. If your attorney is the one filed I140 on your company's behalf, the REF will go to him/her. If your company is a public company, you and your attorney could answer the REF by providing the company's financial statement without the sponsoring company's acknowledge.
Most REF on I140 is about company's financials. If your attorney is the one filed I140 on your company's behalf, the REF will go to him/her. If your company is a public company, you and your attorney could answer the REF by providing the company's financial statement without the sponsoring company's acknowledge.
Thanks guys.
I don't know how I can get H1. Six yrs are over. The only option is get a 7th yr extension- that can only be based on filed 140. But if you quit job- the filed 140 sort of is gone. So none of those are options.
Another option may be to get a new employer- that has substitute labor- join them with existing EAD- file fresh 140 immediately and get EAD- that again- is a long shot. Can't go thru this hell again. Done it twice already.
I think the only percentage play is pray there is no RFE else go to Canada.
As far RFE for company financials. My company is a private company(but very large and profitable)- so I can not access any public record. But some financial information was submitted when I filed- company profit statement - does that not suffice? Can anybody answer this - who recd this kind RFE.- What information they had already submitted but still got this RFE
Thanks a lot again,
I don't know how I can get H1. Six yrs are over. The only option is get a 7th yr extension- that can only be based on filed 140. But if you quit job- the filed 140 sort of is gone. So none of those are options.
Another option may be to get a new employer- that has substitute labor- join them with existing EAD- file fresh 140 immediately and get EAD- that again- is a long shot. Can't go thru this hell again. Done it twice already.
I think the only percentage play is pray there is no RFE else go to Canada.
As far RFE for company financials. My company is a private company(but very large and profitable)- so I can not access any public record. But some financial information was submitted when I filed- company profit statement - does that not suffice? Can anybody answer this - who recd this kind RFE.- What information they had already submitted but still got this RFE
Thanks a lot again,
Portability
I too was in a similar situation - I-140 pending for 8 months and I-485 pending for 8 months. I used my EAD to take up a permanent offer. My I-140 sponsoring company told me that they wont be withdrawing their 140 petition. Hopefully, I wish I-140 get approved soon.
I too was in a similar situation - I-140 pending for 8 months and I-485 pending for 8 months. I used my EAD to take up a permanent offer. My I-140 sponsoring company told me that they wont be withdrawing their 140 petition. Hopefully, I wish I-140 get approved soon.