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AC21 Portability before 180 days!!! WOW
Unless it is life and death changing job before 180 days is HIGHLY RISKY!! But it looks like you can still do it - AS LONG AS your former(primary sponsor) employer doesnt withdraw/revoke your I140 petition.
READ THIS ARTICLE FROM MURTHY.COM:
The I-140/I-485 are filed concurrently. After 180 days, the I-140 has been neither approved nor denied. The foreign national changes jobs. The employer is displeased and withdraws the I-140 or fails to answer a Request for Evidence. There is no I-140 approval. Rather, there is a withdrawal or denial. In this case, it does not appear that the individual would be eligible for AC21 portability. There is no underlying, valid I-140 to "remain valid" so as to allow for the I-485 approval. Put another way, I-140 approval is needed for I-485 approval, even with AC21.
It should be noted that, in this scenario, withdrawing the I-140 prior to approval is different from revoking it after approval. I-140s can be withdrawn at any time prior to approval. After approval, if the employer no longer wishes to support the I-140, the employer can request that the INS revoke the approval. According to the INS, I-140 revocation after the I-485 has been pending for 180 days should not prevent I-485 approval.
Some important info:
http://www.murthy.com/news/UDportis.html
http://www.murthy.com/news/n_yatmay.html
http://www.murthy.com/news/n_porret.html
Guys:
Got my EAD card...I am EB1C filing concurrently...
So, If I were to leave my job today - could I work elsewhere....
I do not have my I-140 approved or my I-485....
What do you think?
Unless it is life and death changing job before 180 days is HIGHLY RISKY!! But it looks like you can still do it - AS LONG AS your former(primary sponsor) employer doesnt withdraw/revoke your I140 petition.
READ THIS ARTICLE FROM MURTHY.COM:
The I-140/I-485 are filed concurrently. After 180 days, the I-140 has been neither approved nor denied. The foreign national changes jobs. The employer is displeased and withdraws the I-140 or fails to answer a Request for Evidence. There is no I-140 approval. Rather, there is a withdrawal or denial. In this case, it does not appear that the individual would be eligible for AC21 portability. There is no underlying, valid I-140 to "remain valid" so as to allow for the I-485 approval. Put another way, I-140 approval is needed for I-485 approval, even with AC21.
It should be noted that, in this scenario, withdrawing the I-140 prior to approval is different from revoking it after approval. I-140s can be withdrawn at any time prior to approval. After approval, if the employer no longer wishes to support the I-140, the employer can request that the INS revoke the approval. According to the INS, I-140 revocation after the I-485 has been pending for 180 days should not prevent I-485 approval.
Some important info:
http://www.murthy.com/news/UDportis.html
http://www.murthy.com/news/n_yatmay.html
http://www.murthy.com/news/n_porret.html