dasarihp_newid
Registered Users (C)
The following chat says the aug first week guideline is not clear in this issue .. so there is a disadvantage in switching the job if you are filing concurrently and wanting to switch the job after 180 days of filing ? ... but for non-concurrent filers it is fine ? This sucks !!
http://www.usvisanews.com/wedquest091703.html
2. I am currently in the USA in H-1B status and my employer has filed both the I-140 and I-485 concurrently. Is it true that due to concurrent filing, I do not have the option to change my job after 180 days of the I-485 filing? If not, is it possible for my employer to revoke the I-140 application after 180 days of the I-485 filing?
A: We do not yet have the final regulations to clarify whether or not the 180 day portability rule will apply to persons who have filed concurrent I-140 and I-485's. Our advice in the meantime based on early guidance from the BCIS is to play it safe and not rely on the 180 day portability law if you have filed concurrently.
If your employer were to revoke your I-140 after 180 days in the NON-concurrent filing setting, the BCIS would issue a Notice of Intent to Deny your I-485. If you were able to respond and provide an acceptable substitute permanent job offer in the same or similar profession the I-485 could proceed.
However, as above, in the concurrent filing setting, since we cannot say that 180 day portability will be permissible, there is a much better chance that revocation of the I-140 at anytime during the process may result in denial.
http://www.usvisanews.com/wedquest091703.html
2. I am currently in the USA in H-1B status and my employer has filed both the I-140 and I-485 concurrently. Is it true that due to concurrent filing, I do not have the option to change my job after 180 days of the I-485 filing? If not, is it possible for my employer to revoke the I-140 application after 180 days of the I-485 filing?
A: We do not yet have the final regulations to clarify whether or not the 180 day portability rule will apply to persons who have filed concurrent I-140 and I-485's. Our advice in the meantime based on early guidance from the BCIS is to play it safe and not rely on the 180 day portability law if you have filed concurrently.
If your employer were to revoke your I-140 after 180 days in the NON-concurrent filing setting, the BCIS would issue a Notice of Intent to Deny your I-485. If you were able to respond and provide an acceptable substitute permanent job offer in the same or similar profession the I-485 could proceed.
However, as above, in the concurrent filing setting, since we cannot say that 180 day portability will be permissible, there is a much better chance that revocation of the I-140 at anytime during the process may result in denial.