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I have an approved I-140 from several years ago
A I-485 was filed when PD was current, but then retrogressed and it was that way for more than 500 days (>180 days for AC-21 portability).
Never changed job in US but had to quit the company (to go out of the country). When I was away an RFE was received at my friend’s forwarding address. I didn’t/couldn’t respond it in time as I was out of country for more than a year. The Denial due to abandonment letter said: “There is no appeal from this decision. However, you may file a new application with a new fee. You may also file a motion to reopen on form I290B within 30 days of the date of this decision………etc.”
I recently got a very similar job with a different company with the same pay.
I am interested in filing a “new application” as mentioned above in the denial letter. My I-140 still shows as valid and approved in USCIS (never withdrawn by Petitioner – my last company in US)
Question for experts: Can I just file a I-485 with this new job offer based on the approved I-140 from past?
Thanks.
PS: Yates memo (for AC21) from 2003 clearly states:
“In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.”
A I-485 was filed when PD was current, but then retrogressed and it was that way for more than 500 days (>180 days for AC-21 portability).
Never changed job in US but had to quit the company (to go out of the country). When I was away an RFE was received at my friend’s forwarding address. I didn’t/couldn’t respond it in time as I was out of country for more than a year. The Denial due to abandonment letter said: “There is no appeal from this decision. However, you may file a new application with a new fee. You may also file a motion to reopen on form I290B within 30 days of the date of this decision………etc.”
I recently got a very similar job with a different company with the same pay.
I am interested in filing a “new application” as mentioned above in the denial letter. My I-140 still shows as valid and approved in USCIS (never withdrawn by Petitioner – my last company in US)
Question for experts: Can I just file a I-485 with this new job offer based on the approved I-140 from past?
Thanks.
PS: Yates memo (for AC21) from 2003 clearly states:
“In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.”
