Zany_Brainy
Registered Users (C)
Actually now YOU CAN!!
Check out the latest release from USCIS
USCIS issued a Memo dated May 12, 2005, which will be in effect until final regulations are published. The Memo addresses portability of I-140/I-485 applications, adjudication of 7th year H-1B visa petitions and adjudication of H-1B visa petitions in connection with H-1B portability.
USCIS advises that if an I-140 beneficiary (I-140 has not been approved and I-485 has been pending for more than 180 days) ports to a new sponsoring employer, the I-485 may be adjudicated, if it is approvable. Additional evidence however may be requested. If an RFE is issued, and the response to the RFE does not adequately address the issues, or the response is not received at all, or the petitioner responds saying that the beneficiary is no longer employed, the I-140 will be denied, resulting also in the I-485 denial.
When determining if the I-140 petition is portable, the focus will be made on a comparison of the position offered, whether it is the “same” or “similar” occupational classification. A different geographic location is not material. Also a different salary (unless it is significant) compared to the salary on I-140/Labor Certificate will not matter.
Multinational managers or executives are eligible to port to a new employer, provided the job is “same” or “similar”.
The Memo also allows for the I-140 beneficiary to port to self-employment provided the employment is in a “same” or “similar” occupational classification.
An I-140 will be invalid for porting purposes when:
· I-140 is withdrawn before the alien’s I-485 has been pending 180 days; or
· I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
mnhrdc said:
Check out the latest release from USCIS
USCIS issued a Memo dated May 12, 2005, which will be in effect until final regulations are published. The Memo addresses portability of I-140/I-485 applications, adjudication of 7th year H-1B visa petitions and adjudication of H-1B visa petitions in connection with H-1B portability.
USCIS advises that if an I-140 beneficiary (I-140 has not been approved and I-485 has been pending for more than 180 days) ports to a new sponsoring employer, the I-485 may be adjudicated, if it is approvable. Additional evidence however may be requested. If an RFE is issued, and the response to the RFE does not adequately address the issues, or the response is not received at all, or the petitioner responds saying that the beneficiary is no longer employed, the I-140 will be denied, resulting also in the I-485 denial.
When determining if the I-140 petition is portable, the focus will be made on a comparison of the position offered, whether it is the “same” or “similar” occupational classification. A different geographic location is not material. Also a different salary (unless it is significant) compared to the salary on I-140/Labor Certificate will not matter.
Multinational managers or executives are eligible to port to a new employer, provided the job is “same” or “similar”.
The Memo also allows for the I-140 beneficiary to port to self-employment provided the employment is in a “same” or “similar” occupational classification.
An I-140 will be invalid for porting purposes when:
· I-140 is withdrawn before the alien’s I-485 has been pending 180 days; or
· I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.