This sucks !! no advantage for concurrent filers after 180 days if swtching jobs

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dasarihp_newid

Registered Users (C)
The following chat says the aug first week guideline is not clear in the issue.. so there is a disadvantage in switching the job if you are filing concurrently and wanting to switch the job after 180 days of filing ? ... but for non-concurrent filers it is fine ? This sucks !!



http://www.usvisanews.com/wedquest091703.html

2. I am currently in the USA in H-1B status and my employer has filed both the I-140 and I-485 concurrently. Is it true that due to concurrent filing, I do not have the option to change my job after 180 days of the I-485 filing? If not, is it possible for my employer to revoke the I-140 application after 180 days of the I-485 filing?

A: We do not yet have the final regulations to clarify whether or not the 180 day portability rule will apply to persons who have filed concurrent I-140 and I-485's. Our advice in the meantime based on early guidance from the BCIS is to play it safe and not rely on the 180 day portability law if you have filed concurrently.

If your employer were to revoke your I-140 after 180 days in the NON-concurrent filing setting, the BCIS would issue a Notice of Intent to Deny your I-485. If you were able to respond and provide an acceptable substitute permanent job offer in the same or similar profession the I-485 could proceed.

However, as above, in the concurrent filing setting, since we cannot say that 180 day portability will be permissible, there is a much better chance that revocation of the I-140 at anytime during the process may result in denial.
 
ginnu,

After reading murthy's site and reading articles about this issue last month, I applied concurrently..

but now when I saw the answer from another lawyer site, I am confused, who is correct and who is wrong.. But, one thing I see clerarly in murthy's site is if filed concurrently, I-140 is approved and I-485 is pending for more than 180 days then it should be ok to switch jobs.

But, again the other lawyer sems to have different answer...

I will probably decide in Feb-Mr 2004 , when my 180 days are up.!!
 
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qn

My I140 got approved on 3rd sept and I 140 & 485 filed concurrently on 27th may'03. Am I elegible to change job after 180 days?
 
I-140 status

bhag11,

Your case is filed in EB2 or EB3, Please let me know?

thanks
 
Dont be confused

The context for the above is" Has the undelying 140 been approved after 180 days"
In case os NON Cuncurr the 140 has to have been approved
In non concu, if its been 180 days and 140 has NOT been approved there is no reason for portability if 140 is withdrwn

however if 140 has been approved portability applies. therefore portability applies after 140 approval AND 180 days

this has been addressed several times by many people, incliding a bcis memo

however i am not a layrer so this isnt leagl advise just opinion
 
My understanding is that in this August 4 memo, BCIS certainly emphasized that with an approved I140, after pending for 180 days, the I485 is portable. Since BCIS released this after the permission of concurrent filing, so this rule also applies to concurrent filing. I am sure many immigration lawyers have asked BCIS this question.
 
go to read the actual memo:

www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

In the introduction, it clearly states that the institution of the concurrent filing raised question on how to process the I485 of the beneficiary for job changes, blah, blah, blah..... so this clearly indicates that this memo applies to concurrent filers.

I guess "this other lawyer" was just being paronoid. Let me know what you guys think.
 
Some lawyers do not think that when the AC21 rule came, there was no concurrent filing allowed. So AC21 did not have these regulations.

If you have simple common sense, you can clearly state the following.

1. I-140 must be approved.
2. I-485 must be pending for 180 days or more
3. The job must be same or similar

Then you can use AC21 rule.

What is the problem here and I still don't know how come some "intelligent" lawyers are not able to understand this simple concept.

Nanshi.
 
Well said

Well said naanshi.

It seems it is very easy to comprehend that you need an approved I-140 to use AC21, no matter what.

If you have filed concurrently, you have to wait for the I-140 to approve and 180 days to pass since 485 applied. For non-concurrent filers, I-140 is already approved and they too have to wait 180 days since 485 applied before they can use AC21 portability. You obviously cannot use AC21 if your I-140 is rejected, so filing concurrently you have to wait for the outcome of your I-140 application, while non-concurrent filers already know about it...isn't that simple enough !!??
 
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