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Ac21 Before 180 Days After I-485 Filing

Discussion in 'AC 21 I-140 Portability' started by DonDraper, Apr 15, 2015.

  1. DonDraper

    DonDraper Guru

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    Will I-485 be denied if it was filed and the employee changes jobs before 180 days. Will the employee still be able to use AC21 ?. Assuming in this case I-140 was not revoked/cancelled and is approved .
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The rule specifies 180 days. The USCIS may not verify that before approving the adjustment. If they approve such a case, the individual will always be subject to having his LPR status rescinded on the basis that it was improperly approved.
     
  3. DonDraper

    DonDraper Guru

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    Hypothetically if your I-485 is filed and you leave your petitioner before 180 days. What happens ? Is this case of abandoning by the employee or can the employee file for AC-21 after waiting out for 180 days. Does AC-21 specify that the employee be employed for the current petitioner for 180 days or just wait out 180 days .
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Strictly speaking, if the sponsored job becomes unavailable before 180 days have elapsed from the filing of the employee's AOS, the I-140 becomes invalid. A job can become unavailable if the employee is fired, quits, or the company goes out of business.
     

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