Question on AC21

P

pingpong02

Registered Users (C)
Can we use AC21 to change the Job if

>> I140 and I485 have been applied concurrently

>> I140 is not cleared and pending for more than 180 days

>> I485 is not cleared and pending for more than 180 days

If Yes for the above

>>Also can the old employer revoke the I140 which is pending once the Job is changed ?

>> Can the person continue old I140 and I485 applied by the old company or does she/he needs to apply new ones ?

Thanks
 
Can we use AC21 to change the Job if

>> I140 and I485 have been applied concurrently

Yes but the petition becomes void if 140 is denied

>> I140 is not cleared and pending for more than 180 days

No - it is the 485 that has to be pending for 180 days

>> I485 is not cleared and pending for more than 180 days

Yes

If Yes for the above

>>Also can the old employer revoke the I140 which is pending once the Job is changed ?

Yes - they can do it anytime, they can successfully revoke an approved 140 upto 180 days after applying for 485

>> Can the person continue old I140 and I485 applied by the old company or does she/he needs to apply new ones ?

If AC21 applies then it is fine to continue, but otherwise the process starts all over
 
Last edited by a moderator:
Re: Re: Question on AC21

Originally posted by waytoolong
Can we use AC21 to change the Job if
>>Also can the old employer revoke the I140 which is pending once the Job is changed ?

Yes - they can do it anytime, but after 180 days of pending 485 it does not matter
Click to expand...

I would be very cautious of such a statement if the I-140 has not been approved. If the employer withdraws the I-140 application in a concurrent filing case, then there's no approved I-140 to port anywhere. If the I-140 is approved (even for a day) and the I-485 has been pending over 180 days, then that's a different story, but I don't see any AC21 benefits if the I-140 was never approved.
 
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