Reg I-140/I-485 concurrent filing

S

susrama

New Member
Hi guys,

I have applied my I-140 through Company A in July and later the company A spinned off our Operations because of which we became Company B. When I am in Company B due to the new Immigration Law of Concurrent Filing Of I-140/I-485, I went forward and applied my I-485 being in Company B(at that time I-140 was still pending).
Last week my I-40(which was on Company A) got approved. And also technically my 180 days of I-485 is also over. So Am I eligible to use the AC21 rule and can shift into other job using my EAD, or since this is a concurrent filing, does rules differ.

So my question is:
1. Does my 180 days start from my I-140 approval date. or since I have applied my I-485 as concurrent filing, I can start counting 180 days from my I-485 receipt date not caring if my I-140 was approved or not? I am bit confused abt this.

2. And also do I have my submit a I-140 amendment due to the company change(note: my I-140 already got approved)

gurus, please help me in this regard as I have some good offers and I have to take a decision.
 
Originally posted by susrama
1. Does my 180 days start from my I-140 approval date. or since I have applied my I-485 as concurrent filing, I can start counting 180 days from my I-485 receipt date not caring if my I-140 was approved or not? I am bit confused abt this.
Click to expand...

At this point the question is not about from when the days towards 180-limit start ticking, but rather about if AC21 is applicable at all to the concurrent filings. Provided that you have your I-140 already adjudicated, however, may make you eligible for portability benefits under AC21. 180 days are counted, as it is written in the law, since I-485 filing (either RD or ND, pick one).

Sadly, but no definite answer exists to your question. Until the final regulations are published, it is up to each and every immigration officer how to approach AC21 cases.

If you are interested in researching this topic on your own, this would probably be a good place to start:
http://www.usvisanews.com/memo1899.html


2. And also do I have my submit a I-140 amendment due to the company change(note: my I-140 already got approved)
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Yes, your company needs to file an amendment to the approved I-140. This is a routine procedure during mergers and spin-offs, as far as I understand.
 
yes, I-140 amendment reqd

Eventhough my case is slightly different, I do remember my lawyer saying I-140 amendment is required for mergers and spin-offs.

My company got aquired by another company after the I-140 approval and my lawyer filed for amendment.
 
I140 amendment is pretty standard stuff, talk to your company lawyer and if has not already filed it already, he will probably do so soon.

As far as AC21 is concerned, like BitterMan put it, it is a gray area. There have been no clear cut rules laid out on it, and neither has there been much precident. My suggestion, hang in there unless you absolutely cannot or the opportunity is just too good. Then if you have to jump, JUMP! Hire a good lawyer and fight INS back if they try to knock you down!
 
Originally posted by 140_takes_4ever
... My suggestion, hang in there unless you absolutely cannot or the opportunity is just too good. Then if you have to jump, JUMP! Hire a good lawyer and fight INS back if they try to knock you down!
Click to expand...

Risks of using AC21 must be carefully examined and measured at this point. Way too much harm can be done with a single bad call. Although, if you are young and potent, and willing to spend another few (or not so few) years of your life applying and waiting for immigration papers to the States or another country,... then why the heck not?

As 140_takes_4ever says, just hang in there. It will pay off eventually, when you get your Green Card relatively trouble-free.
 
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