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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 07-22-2007, 10:31 AM
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rolrblade will become famous soon enough
Default I-140 approved AND pending and AC21 - URGENT Question.

I heard somewhere that you cannot use AC21 if your I-140 is pending.

What happens if you have an approved I-140 AND a I-140 ammendment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?

I do completely understand the 6 month pending rule for AC21. The main question here is in the incase is I-140 considered "approved" or not?

Can any anyone please help answer this question
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  #2 (permalink)  
Old 07-22-2007, 10:55 AM
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rolrblade will become famous soon enough
Default

Quote:
Originally Posted by rolrblade
I heard somewhere that you cannot use AC21 if your I-140 is pending.

What happens if you have an approved I-140 AND a I-140 ammendment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?

I do completely understand the 6 month pending rule for AC21. The main question here is in the incase is I-140 considered "approved" or not?

Can any anyone please help answer this question
^^^^^ BUMP ^^^^^
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  #3 (permalink)  
Old 07-22-2007, 11:28 AM
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tinamatthew is an unknown quantity at this point
Default

Quote:
Originally Posted by rolrblade
I heard somewhere that you cannot use AC21 if your I-140 is pending.

What happens if you have an approved I-140 AND a I-140 ammendment pending (like when company gets bought out , old company has approved I-140 but new company has filed ammendment)? Can you use AC21?

I do completely understand the 6 month pending rule for AC21. The main question here is in the incase is I-140 considered "approved" or not?

Can any anyone please help answer this question
CSC generally follows the INS HQ memorandum of 12/10/1993, except when I-485 has been pending more than 180 days. In other words, when I-485 is pending less than 180 days or I-485 has yet to be filed, the following rules apply:

Simple Name Change and Change of EIN Number: Employer still needs to file I-140 amendment.

Merger of Two Companies: Employer still needs I-140 amendment for employees of the two merged companies.

Acquisition of a Company Taking over All the Interests/Liabilities of the Acquired Company related to Labor Certification and I-140 Petition: The acquiring company still needs to file I-140 amendment.

All in all, it appears that CSC is applying a very rigid rule, requiring I-140 amendment in most cases of corporate restructure unless I-485 has been pending more than 180 days.

This rigid standard does not necessarily apply in other Service Centers. For other Service Centers, people should check with the Service Center of their jurisdiction.


Hope this helps
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  #4 (permalink)  
Old 07-22-2007, 09:30 PM
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rolrblade will become famous soon enough
Default

Quote:
Originally Posted by tinamatthew
CSC generally follows the INS HQ memorandum of 12/10/1993, except when I-485 has been pending more than 180 days. In other words, when I-485 is pending less than 180 days or I-485 has yet to be filed, the following rules apply:

Simple Name Change and Change of EIN Number: Employer still needs to file I-140 amendment.

Merger of Two Companies: Employer still needs I-140 amendment for employees of the two merged companies.

Acquisition of a Company Taking over All the Interests/Liabilities of the Acquired Company related to Labor Certification and I-140 Petition: The acquiring company still needs to file I-140 amendment.

All in all, it appears that CSC is applying a very rigid rule, requiring I-140 amendment in most cases of corporate restructure unless I-485 has been pending more than 180 days.

This rigid standard does not necessarily apply in other Service Centers. For other Service Centers, people should check with the Service Center of their jurisdiction.


Hope this helps
Thank you for your response. But, it still does not answer my question. In my case that I mentioned above, after 180 days, is my I-140 considered approved OR pending.
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  #5 (permalink)  
Old 08-07-2007, 02:46 PM
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Default I-140 approved AND pending and AC21 - URGENT Question.

If you had recieved the hard copy of the approval notice then it is approved. It does not matter the no of days in 140. If you switch companies then you can use the PD, have to file a new LC + 140 + 485. Based on the approved 140, you can get a H1 extension.
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  #6 (permalink)  
Old 09-11-2007, 06:28 PM
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Default AC21 and pending I-140 amendement

I am also in the same situation as Rolrblade.

I have filed for I-485 recently. My I-140 with the company A is already approved. Company A is taken over by company B. Company B has just filed for my I-140 amendment at NSC, which NSC is processing for around 1 year old cases as of now, so it's still pending.

Can I use AC21 after 180 days of my I-485 filing and go to company C, even if my I-140 amendment is pending? (I-140 amendments are processed as regular new I-140 cases)

Any idea???

Thanks
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