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kas2013

Job change, on H1, EB1C I-140/I-485 pending for 7 months

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---re-posting as I had done it earlier under a wrong topic---

Hi, I have been working for my employer for last 8 years out of which 1.5 years in India and 6.5 years in the US on H1B. In May 2016, they submitted my concurrent application for EB1C I-140/I-485 both of which are pending and looks like they will be for at least 3-4 months from now when a decision can be expected. 

There are some issues with projects and my employer might ask me to move back to their India office.

I certainly want to avoid this situation and change employer if I have to do so. My questions are with respect to AC21 rule when I-485 is pending for more than 180 days:

1. Is this rule applicable even if I-140 is pending (this was a concurrent filing and hence both I-140 & I-485 are pending; fingerprinting has been done).

2. If I find an employer who is offering me same or similar job with a comparable salary, can I switch job to them and still continue with the ongoing EB1C GC process?

3. If my current employer tries to revoke my I-140 after I quit, is there anything I can do to keep the application alive?

4. What will happen to the 'intent' part of the GC application process? At the time of filing, my existing employer definitely showed the intent but with them asking to move back to India and/or me switching jobs, the intent will not still hold good.

5. Lastly, in case the answer to question 1 is yes, what would be the procedure to use AC21 in this case.

I would really appreciate your responses and guidance on this matter.

thanks

kas

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Thanks Pontevecchio for your response. I am trying to understand whether the I-140 needs to be approved to use the 180 day rule or in case of concurrent filing, the I-140 can be in process and this rule can still be used.

I will talk to a lawyer but wanted to understand if it is even worth pursuing based on the rules.

 

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You are overthinking the issue. Obviously the employer changed his mind and does not have a job for you. But if it is 180 days post AOS filing whether concurrent or not, the question is whether the I-140 was approvable at filing in which case you may be able to use provisions of AC21 which actually do not necessarily involve paperwork. It is always worth pursuing if you are interested in migrating to this country. Worst case no joy.

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Under the law, the I-140 must be approved in order for the I-485 to qualify for AC21 Green Card portability. Only when the I-140 is approved, is it considered to be valid, and a valid I-140 is required for AC21 Green Card portability. This means even after pending for 180 days, if the I-140 is still pending and it is withdrawn by the petitioner, USCIS will deny the I-485. The I-140 petition is the employer's job offer and therefore, there is unfortunately nothing that can be done to force an employer to not withdraw the petition.

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