portability issue i am confused!!

[rebellious]

If i get my labor approved and then my company files for 140. I am not even sure if they can file 485 with 140 concurrently or not because of the retrogession. can i get an EAD after 180 days of 140 filing and change my job????
or do i have to wait for 485 to be pending for 180 days before changing jobs? although 485 will not be progressed beacuse of no visa number availability can you still file 485 and 140 together and after 180 days chnage your job?
thanks in advance
CONFUSED

 

[TheRealCanadian]

If i get my labor approved and then my company files for 140. I am not even sure if they can file 485 with 140 concurrently or not because of the retrogession.

Well, that's an important question. What's your category, country of Birth and Priority Date?

can i get an EAD after 180 days of 140 filing and change my job????
or do i have to wait for 485 to be pending for 180 days before changing jobs?

Portability is tied to the I-485, not the I-140. The I-485 needs to be pending for over 180 days.

although 485 will not be progressed beacuse of no visa number availability can you still file 485 and 140 together and after 180 days chnage your job?

No. An I-485 cannot be filed if the priority date is not current.

 

[rebellious]

Well, that's an important question. What's your category, country of Birth and Priority Date?
>>>>>>>>>>I have a masters with 5 year exp, india, 20 march 2005.


No. An I-485 cannot be filed if the priority date is not current.

>>>>>>>>>.so i am fucked!! even if i get 140 approved i won't be able to file 485 and hence won't be able to change jobs. i hate this system.IS there anything i can do?

 

[Curare]

While on the subject of asking questions - does portability apply if I move to a different state? If it doesn't then there's no point of me hanging around my current employer if the AC21 is rejected because I moved far away from here.

 

[Curare]

nm, found the answer here. However, feel free to post a reponse to hmmmmm's question.