NEW RULE of 180 DAYS!!!

I

ice9

Registered Users (C)
Hi all, Is ther a new rule which mentions that you are allowed to change employers only after 6 months of 140 APPROVAL DATE!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Please advice.
 
ice9 said:
Hi all, Is ther a new rule which mentions that you are allowed to change employers only after 6 months of 140 APPROVAL DATE!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Please advice.
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It is not a new rule, just a more narrow interpretation of th AC21 law. The law says that if I-485 remains unadjudicated for more than 180 days, the beneficiary can change employer without invalidating the underlying visa petition, i.e. I-140.
When concurrent filing was allowed, confusion arose as to when the 180 day clock starts. I think the new interpretation is that 180day clock starts only after I-140 is approved.
 
nkm-oct23:
"I think the new interpretation is that 180day clock starts only after I-140 is approved."
Why do you think so? Have you seen denial for someone who moved before that timeframe?
 
vee111 said:
nkm-oct23:
"I think the new interpretation is that 180day clock starts only after I-140 is approved."
Why do you think so? Have you seen denial for someone who moved before that timeframe?
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I am not sure if I have heard of any denials in such specific cases but USCIS came out with some guidance on concurrent filing + AC21 reguations regarding 180 day clock. I remember that USCIS interpretation is along the same lines, i.e. clock starts only after 140 is approved. I don't have the specific link that talks about it, I will post it when I find it.
 
Most interpretations are that the clock starts when the 485 is filed, NOT when the 140 is approved. See the August 2003 Yates memo for the CIS guidance: http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

The problem is, that most interpretations also say that the 140 must be approved before you can take advantage of portability.

So, if you apply for 140/485 concurrently, and get 140 approved on day 120, then on day 180 you can immediately become portable.

But, if 140 is still not approved after 400 days (which is my case now), then you can not enjoy portability, even though more than 180 days have passed since 485 was filed. My company would not even let me change jobs in the same company because my 140 is not approved yet based on the lawyers' advice.

This is why some people are worried about concurrent adjudication of 140/485 that is happening now. Because the 140 will never be approved before the 485 is ready for adjudication, then no one will be eligible for portability. The theory is that concurrent adjudication should speed up the process over time, but even if the backlog goes away, there will always be instances of when the 485 will take a long time (unusuals situation on security check, for example), and those people will not have a chance to change jobs.
 
mustbepatient:
For portablity 140 must be approved and 485 pending > 180 days. So if your 140 is not yet approved you can not change jobs. :o

I am not aware of any new change that requires 140 approval must be past 180 days. :confused:
 
some persons have the habit of posting the same info as posted by others. these kind of people are called MLA( My Leg Also) :D
 
mustbepatient:
I was just re-iterating the point. You had mentioned that was your 'lawyers advice'- I read it as if it was some kind of 'bad advice' from your lawyer.

ginnu: Thanks for your comment :rolleyes:
 
sb_tiger & Ginnu,
if person changed job before 140 applied, AC21 can be used after 180 Days and 140 approval with other employer??
Pl.let us know that would be great

Thanks,
rb180
 
rb180 said:
sb_tiger & Ginnu,
if person changed job before 140 applied, AC21 can be used after 180 Days and 140 approval with other employer??
Pl.let us know that would be great

Thanks,
rb180
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There is some haze about EB2 NIW cases. Other then that all employment based category can use AC-21. It also holds good even for future employment case such as yours, Since AC-21 does not make any distinction. In fact all green cards are meant for future employment only
 
Experts,
one more question is that if GC sponsor employer who is a future employer and not a current employer withdraw 140 after 180 days and 140 Approval then AC21 works if you join other employer? bcos your GC Sponsor who is future employer withdraws 140 then there will be no offer pending. So whats the impact and AC21 can be used with other employer??

Pl.let me know bcos you knew desi companies sucks.

Thanks,
Rita
 
IF your 140 gets revoked for any reason- there is no AC21 for you. However- if 140 is approved and 485 pending > 180 days- past or current or future GC employer can not withdraw 140- so you would be OK to apply AC21.
 
rb180 said:
Experts,
one more question is that if GC sponsor employer who is a future employer and not a current employer withdraw 140 after 180 days and 140 Approval then AC21 works if you join other employer?
bcos your GC Sponsor who is future employer withdraws 140 then there will be no offer pending. So whats the impact and AC21 can be used with other employer??
--- YES AC21 works if I-140 approved AND I-485 pending more than 180 days. even if the past employer tries to revoke the I-140 USCIS is NOT going to revoke it if I-485 is pending more than 180 days and you find new job.

Pl.let me know bcos you knew desi companies sucks.

Thanks,
Rita
Click to expand...
 
In case if the employer revokes I-140, does the INS inform I-485 applicant?
Did anybody have such situation? If this happen how much time is allowed to file a AC21?
 
If an employer revokes 140 before its approval or before 180 days of 485- 140 is revoked automatically and for 485 you get a Notification Intention To Deny(NOID). You can challange the 140 revocation on any suitable ground- if you can. You also get NOID even if 485 is pending > 180 days- then you can file AC21. You typically get 3 months to respond to NOID.
HTH
 
My 180 days period has passed after I-140 approval. However employers attorney has entered his office address as my address on I-485. I have asked to file an address change and his office has resopnded saying it was done. But even if I call the 1 -800 # they say they cannot see what address is currently on file. And they wont allow me to change address as it was filed by attorney. So I have to totally rely on the online status.
 
Irrespective of who has filed- 485 is your petition. You have complete right to change address and whatever else- you choose to- incl firing attorney.
 
sb_tiger said:
Irrespective of who has filed- 485 is your petition. You have complete right to change address and whatever else- you choose to- incl firing attorney.
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sam_sl
generaly lawyer writes his address as lawyer for communication from USCIS FOR I-485 and your address is mentioned on I-485. I dont think lawyer can write his address on YOUR I-485 becase I-485, EAD AP all belong to you.
You can hire YOUR NEW lawyer fill up G28 Form and let new lawyer send G28 to USCIS and also request to change the address.

OR
1 YOU can directly update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
2 write letter to service center for address change on your I-485 or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE
* do the above 1, 2 or hire YOUR lawyer, you can fire the past lawyer any time and can ask the I-485 copy of your file from him.
 
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