I-140 and I-485 are pending for more then 180 days - port employment

[mirekti]

Hi all,

it seems I am not able to find the information regarding following scenario:

1. I-140 & I-485 is pending for more than 180 days.
2. At this point it is possible to use AC21 to port employment to Company B (if salary, job description etc are appropriate), and USCIS will examine the case and check whether I-140 would have been approved if it was adjudicated within 180 days.

Now, what if at that moment Company A decides to revoke I-140?
I mean, is it important that one ports employment to Company B and requests adjudication without Company A knowing it so Company A doesn't have time to react and revoke I-140?
It is a bit confusing scenario, and it sounds sneaky. Any comments on this, please?

[chase]

Hi all,

it seems I am not able to find the information regarding following scenario:

1. I-140 & I-485 is pending for more than 180 days.
2. At this point it is possible to use AC21 to port employment to Company B (if salary, job description etc are appropriate), and USCIS will examine the case and check whether I-140 would have been approved if it was adjudicated within 180 days.

Now, what if at that moment Company A decides to revoke I-140?
I mean, is it important that one ports employment to Company B and requests adjudication without Company A knowing it so Company A doesn't have time to react and revoke I-140?
It is a bit confusing scenario, and it sounds sneaky. Any comments on this, please?

Yes, it is possible to use AC21 to port pending I-140 to new employer. But, it has 2 risks.
Risk #1 - If the your current employer revokes I-140, then you cannot work for the new employer
Risk #2 - If you get an RFE for I-140, the current employer needs to respond. Since you would have left their company, I highly doubt that they would respond to RFE.
Note - This is a suggestion and not a legal advice.

[newacct]

Hi all,

it seems I am not able to find the information regarding following scenario:

1. I-140 & I-485 is pending for more than 180 days.
2. At this point it is possible to use AC21 to port employment to Company B (if salary, job description etc are appropriate), and USCIS will examine the case and check whether I-140 would have been approved if it was adjudicated within 180 days.

Now, what if at that moment Company A decides to revoke I-140?
I mean, is it important that one ports employment to Company B and requests adjudication without Company A knowing it so Company A doesn't have time to react and revoke I-140?
It is a bit confusing scenario, and it sounds sneaky. Any comments on this, please?

As I understand it, Company A withdrawing the I-140 after your I-485 has been pending for more than 180 days doesn't revoke your I-140. Your I-140 and I-485 continues adjudicating, and USCIS might ask you to submit a Supplement J, which will be filled out by Company B to confirm that you are working in a similar job.