Using AC21 when I-140 is approved

[saini_vivek]

Friends

I have one question regarding AC21, my I-140 was approved in 2000 and I filed my I-485 in Feb 2001 so I am well past the 180 days, is there any risk involved using AC21 for same job and title? What if my sponsoring company pulls my I-140 (if I change the company), will I-485 be denied in that case?
Please advise.

thanks a lot

 

[nkm-oct23]

Originally posted by saini_vivek
Friends

I have one question regarding AC21, my I-140 was approved in 2000 and I filed my I-485 in Feb 2001 so I am well past the 180 days, is there any risk involved using AC21 for same job and title? What if my sponsoring company pulls my I-140 (if I change the company), will I-485 be denied in that case?
Please advise.

thanks a lot

After 180 days your employer cannot withdraw I-140. There is no risk involved in changing jobs and you are covered by AC21 with no risk to your pending I-485.

 

[saini_vivek]

Thanks nkm-oct23... But Per Murthy.. it could be a issue

Chat User : Hello, Murthyji. Can an employer cancel the I-140 after approval while the I-485 application is pending? Especially if the employee changes job under AC21 portability?

Attorney Murthy : An employer seems to have the right, under law, to withdraw the underlying I-140 petition. Employers who generally do this believe that they have paid for the process, so that it is owed to them. AC21 law seems to imply it should not matter, and the I-485 applicant should be able to obtain the GC without the underlying I-140 petition. As stated above, HQ has stated that the I-485 should remain valid. Without any AC21 law regulations, we are all making good arguments. Ultimately, it is how the regulations interpret the laws, especially in such gray areas, that becomes very important.