Immigration Site

Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all.

Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all. My lawyer said that the internal memo is a memo, not regulation. He strongly advised me not to move wthout 140 apporval even if 485 is pending for six months. Any opinion, guys?

DocPC

Hi,

thought of creating a thread on this subject . Please provide your input if you have applied for employer change or the middle of switching the employer when your I-140 is pending and I-485 is filed before 180 days .

Here I am attaching the AC21 guideline memo from USCIS.

thanks to all. Everything is fine if your old employer honors the I140 process and let it approved . If they withdraw the I140 before it is approved, everything is gone since the I485 will become invalid.

in the internal memo it clearly says that the employer can not withdraw the I-140 . Any thought?

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.