180 day requirement for I-140 from linked (EB3 - EB2) application


wisedog

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Hello,

(I also posted this on I-140 forum but thought I should re-post in AOS forum as well...)

I have an old EB-3 application from my ex-employer from 2004. The I-140 (never revoked by ex-employer) on that was approved in 2007 and I am in "pending-AOS" status since then.

I started a new EB-2 application with my new employer in 2011 and upon approval of the new application's I-140, we plan to link the two old application to the new application, which in turn would make my application "current".

I read today that the EB-2 visa numbers for 2011 have run out (source:http://www.immigration-law.com/Canada.html), which implies I must wait until October 2012 before I get my Green card even if my application becomes "current" after the two applications are linked.

I am wondering:

a) whether I can move to a new "same or similar" job (to my EB-2 application) at another employer after my EB-2 I-140 application is approved?

b) whether the 180 I-140 day rule exists in the case of my new application?

c) what would happen in the hypothetical case should I move to a different employer immediately after my EB-2 I-140 is approved AND my current employer revokes my new I-140?

Many thanks

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Please let me know, am also on similar boat, with eb3 to eb2 porting and have 140 approved in eb2, but it's very recent, wanted to check if i could change employer and my 485 was applied in 2007... would AC21 suffice or do i have to wait for 180 days...

Attorney's please confirm....

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Please let me know, am also on similar boat, with eb3 to eb2 porting and have 140 approved in eb2, but it's very recent, wanted to check if i could change employer and my 485 was applied in 2007... would AC21 suffice or do i have to wait for 180 days...

Attorney's please confirm....

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  • 4 weeks later...

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