New AC21 updated memo
- Thread starter PrinceofJungle
- Start date
jkvaisnavi
Registered Users (C)
If you concurrently file both 140/485 and it is more 180 days, the rule says even without 140 approval you can changes the emplyer.. But if you get RFE for 140 then it depends on the petitioner who filed originally.....
SO I THINK ONE SHOULD NOT CHANGE CHANGE EMPLOYER WITHOUT 140 APPROVAL..
SO I THINK ONE SHOULD NOT CHANGE CHANGE EMPLOYER WITHOUT 140 APPROVAL..
Gurus- Does the following mean that, once you are past 180 days of I-140 approval, you could work for yourselves as long as the occupation is similar?
Question 8. Can an alien port to self-employment under INA § 204(j)? Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
Memorandum for Service Center Directors, et al.
Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-
485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 6
confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 8. Can an alien port to self-employment under INA § 204(j)? Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to
Memorandum for Service Center Directors, et al.
Subject: Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-
485 and H-1B Petitions Affected by the American Competitiveness in the
Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) Page 6
confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
usa_gc_waiting
Registered Users (C)
So it means,if yr I140 is approved and RD for I485>180 days,you can switch employers..Can employer withdraw I140 after 180 days?????? 