luck2u Posted February 5 Report Share Posted February 5 I want to understand the consequences when Employer A withdraw I-140 after we move to Employer B based on pending I-485/I-485J (EAD/AP approved). Quote Link to comment
Attorney_15 Posted February 21 Report Share Posted February 21 Based on the regulation and USCIS policy, if the I-485J Supplement is filed before the withdrawal, the result should be USCIS adjudicating the I-140 Petition based on an approvable when filed standard. We have seen limited success in this happening. Instead what has happened is USCIS forgets about the I-485 and leaves it pending or USCIS denies the I-485 Application. USCIS recently announced new guidance on ability to pay for an I-140 Petition that seems to line up with the approvable when filed standard, but it is not clear that this will change things. Murthy Law Firm successfully sued USCIS on this issue for a client a few years ago and is currently in fighting USCIS on this issue for another client. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.