What happens if petioned employer withdrwas I-140 before 485 approval(after 180 days)??

ss72us

Registered Users (C)
I know that according AC21 law, one can switch employers and work in similar job after 180 days of filing 485 and get GC. What happens to 485 processing if petioned employer withdraws I-140 before approval of 485??
 
No Title

AC21 law bsically protects your I-140 if you change your employer. Your employer cannot withdraw I-140 filed in behalf of you 180 days passes, basically I-140 becomes yours.

485 applicants can change jobs even prior to AC21 law, only thing is your former employer can withdraw I-140 filed on behalf of you. INS have no problems as long as there is a employer who offers a job after your GC approval.
 
hi OCT2000 , a clarification

If AC21 is to protect 140.. can u please share ur thoughts on what will happen in this scenario?

140 filed through company A.

a person joins company b when 140 is pending

140 approved through company A

company A willing to support 485 with letters and so the person files for 485...company A gives a future employment letter stating the position is open and the person may join after GC approval

According to AC21 law, can the person join a similar job description as company A after GC? ( joins company C whose job description matches with the labor and 140 filing of company A)

please throw ur thoughts.

thanx
 
Thankyou OCT2000!! How sure are U about "Employer cannot cancel I-140 after 180 days"?

Could you direct me to any site/link which says that?

Thanks in advance!!
 
No Title

We can reasonably assume there is no impact even employer withdraw i-140 after 180 days. However, Since INS still have not issue final regulation, we can not be 100% sure this is true.
 
You are fine. 1st Statement of AC21 Sec 106(c) states this clearly.

You are fine as the 1st Statement in the law about 180 days says that the underlying I-140 shall remian valid if case remains unadjusted for 180 days...
 
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