Portability without approved I140

[PMBLR]

Hi
I filed for concurrent 140+485 in July(EB2,NSC). I have got my EAD and FP notices. However 140 is still pending.

My company is going thru major layoffs and not sure if I can hold onto my job beyond 180 days.

Question to gurus:
1)If I get laid off , can I use my EAD for portability (without approved I140). 2)Any difference if it happens before or after 180 days.
3)Implications of company withdrawing the application.

 

[manwithnoname]

Well, the AC21 portability provisions are applicable only if the I-485 is pending for 180 days. If you change employer after the above day, there is no effect if the sponsoring employer withdraws the I-140.

 

[unsure]

will the AC21 provisions hold IF the 140 is not yet approved?

 

[PMBLR]

Came across this announcement today

Hi
I came across this announcement from USCIS regarding the above topis. Pls refer to Pg 3 and let me know what u guys think..