Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 05-12-2008, 11:32 AM
Member
Priority Date
:
Feb-03
Category
:
EB3
I140 Mailed Date
:
02/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Sep 2006
Posts: 43
bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold
Default New AC-21 regulation discussion

While everyone appears busy predicting eb2 and eb3 bulletin dates, I thought I'd start a thread with current AC-21 regulations that might be changed in the upcoming memo (if there is one)

What are people's thoughts on what might change ? What did IV ask for specifically in their meeting

Candidates are :

1. Same or similar job requirement eliminated or becomes stricter (ie. limited to SOC code)
2. Cannot use AC21 before 140 is approved (currently can port if approvable)
3. Cannot use AC21 in future employment cases (only seems like a minority of cases)
4. New employer needs to prove ability to pay
5. Employer cannot revoke 140 when 485 is pending past 180 days


PD : 02/2003
485 filed : 06/2007
$50 monthly since 2006
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 05-12-2008, 11:37 AM
Senior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
04/26/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jul 2007
Posts: 101
maverick_joe will become famous soon enough maverick_joe will become famous soon enough
Default

whats the current rule on this?
5. Employer cannot revoke 140 when 485 is pending past 180 days

I guess the employer could revoke the 140 as long as its not approved even though its passed 180 days of a pending 485?

Quote:
Originally Posted by bazuka6 View Post
While everyone appears busy predicting eb2 and eb3 bulletin dates, I thought I'd start a thread with current AC-21 regulations that might be changed in the upcoming memo (if there is one)

What are people's thoughts on what might change ? What did IV ask for specifically in their meeting

Candidates are :

1. Same or similar job requirement eliminated or becomes stricter (ie. limited to SOC code)
2. Cannot use AC21 before 140 is approved (currently can port if approvable)
3. Cannot use AC21 in future employment cases (only seems like a minority of cases)
4. New employer needs to prove ability to pay
5. Employer cannot revoke 140 when 485 is pending past 180 days


PD : 02/2003
485 filed : 06/2007
$50 monthly since 2006
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 05-12-2008, 11:56 AM
Member
Priority Date
:
Feb-03
Category
:
EB3
I140 Mailed Date
:
02/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/18/2007
Compare
Join Date: Sep 2006
Posts: 43
bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold bazuka6 is a splendid one to behold
Default

current regulation allows employer to revoke approved 140 at any time
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 05-12-2008, 12:32 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 143
Blog Entries: 1
slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of
Default

AC 21 Yate's memo says that if I-485 is pending 180 days after applying, even if I-140 is revoked by the sponsoring employer, I-485 is considered valid provided you can find another employer who is willing to continue to sponsor you for permanent residency, for the 'same or similar' job as the original I-140 specifies.
so the I-485 application is protected (past 180 days). But the I-140 can be revoked. so you cannot use such revoked I-140 for applying for further benefits, such as EB3 to EB2 conversion etc.

-------------------------
DISCLAIMER: This my personal opinion not a LEGAL advise.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 05-12-2008, 01:15 PM
Senior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
04/26/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/25/2007
Compare
Join Date: Jul 2007
Posts: 101
maverick_joe will become famous soon enough maverick_joe will become famous soon enough
Default

so can the new employer file a fresh 140 with the old PD on the old labor even if the current 140 is revoked by the current employer?

Quote:
Originally Posted by slowwin View Post
AC 21 Yate's memo says that if I-485 is pending 180 days after applying, even if I-140 is revoked by the sponsoring employer, I-485 is considered valid provided you can find another employer who is willing to continue to sponsor you for permanent residency, for the 'same or similar' job as the original I-140 specifies.
so the I-485 application is protected (past 180 days). But the I-140 can be revoked. so you cannot use such revoked I-140 for applying for further benefits, such as EB3 to EB2 conversion etc.

-------------------------
DISCLAIMER: This my personal opinion not a LEGAL advise.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
What is a discussion and analysis? greamsmith Analysis Discussion 0 12-03-2010 05:13 AM
Discussion with God nousername Interesting Topics 28 02-03-2009 09:55 PM
EB3 Vs EB2 - Open Discussion greendream Retrogression, priority dates and Visa bulletins 74 07-23-2008 11:31 PM



All times are GMT -4. The time now is 04:37 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org