Portability Only after I-140 is Approved
This is what is posted in this week's immigration News Letter of Sheela Murthy. It will be of interest for all those, who want to use I-140 Portability
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Portability Only after I-140 is Approved
The TSC confirmed that they are following the August 2003 Memo regarding AC21
portability. For a detailed analysis of this Memo, see our August 12, 2003
article, "BCIS Memo on I-485 Portability after I-140 Revocation"
<
http://www.murthy.com/news/UDportme.html>, available on MurthyDotCom. The TSC
verified its position that the beneficiary cannot use AC21 portability until the
I-140 has been approved and the I-485 has been pending for 180 days. It also
stated that the beneficiary must inform the service center of the change of job
when s/he uses portability. We note that, while this is implied in various USCIS
or Legacy INS Memos and is what we routinely recommend, this requirement is not
specified in the AC21 law itself.
We will continue to advise MurthyDotCom and MURTHYBULLETIN readers of any
further important updates at the TSC and any other service centers.
© The Law Office of Sheela Murthy, P.C.