Spam: Clarification: I-485 approval after I-140 revocation.

[honeybee]

All,

I know this topic has been discussed many times in the past. I have done some research about AC 21 but I am still not clear.

"Can petitioing Employer revoke underlying I-140 after I-140 and I-485 concurrent filing has passed 180 days and I-140 is NOT APPROVED"

According to an article by Murthy.com, here is the details:-

"We previously addressed the issue of obtaining an approval of the Application for Adjustment of Status (Form I-485) even after the immigrant petition (I-140 approval) is revoked by the sponsoring employer. The INS has stated that, under AC21, the revocation of an I-140 by an employer will not prevent an I-485 approval, if the I-485 has been pending for 180 days or longer at the time of the revocation. During several meetings, the INS has verbally confirmed that the 180 days for revocation is measured as of the time the INS acts on the revocation, rather than the date of the employer's request for revocation."

http://www.murthy.com/news/UD140rev.html

If somebody has any input or read any article that clarifies this doubt, I will greatly appreciate it.

Thanks,
-Honeybee

 

[rk4gc]

1. AC21 comes into picture only if the I140 is approved.
2. You dont use the word revoke unless the I-140 is already approved, you might use withdraw.

so

"Can petitioing Employer revoke underlying I-140 after I-140 and I-485 concurrent filing has passed 180 days and I-140 is NOT APPROVED"

does not make sense, but a rephrased sentense

"Can petitioing Employer withdraw underlying I-140 after I-140 and I-485 concurrent filing has passed 180 days and I-140 is NOT APPROVED"

The answer is YES.

So one need to sit tight until the I-140 is approved, only after I-140 is approved one can use AC 21 and switch employees.

 

[honeybee]

Thank you rk4gc !! Your response has painted a very clear picture and it will be helpful to other people who has filed I-140 and I-485 concurrently.

-Honeybee