Please help me! Thanks very much in advance!
I was told that even after I485 has submitted for 180 days, if I140 is still pending, if you change job, I140 will be invalid, you have to do everything again, perm, waiting to submit i140/i485.
Because of NSC's delay( hate NSC), it is almost impossible for I140 to be approved within 180 day? so after i140/i485 pending for 180day, can I change job?
I checked http://imminfo.com/news%20archives/cismemo-ac21-3.html INTEROFFICE MEMORANDUM
HQPRD 70/6.2.8-P
I read it again and again:
Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF §106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under §106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
If my understanding is correct, then I140 will still be valid if I485 pending for 180 days with i140 unapproved. What they will need to do is to evaluate that "Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. "
Is my understanding correct?????
If it is correct, it will save me a lot, I will be so happy, it will be a great thanksgiving gift to me.
Thank you. Please advice