不推荐,因为得不到AC21条款保护

来源: 2008-01-06 21:26:30 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

如果原公司反感你的离职,不回应140 RFE,140即会被拒。你的绿卡就死了。
AC21保护的前提是140approved,485 pending 180 days.

下面是一个解释。


The I-140/I-485 are filed concurrently. After 180 days, the I-140 has been neither approved nor denied. The foreign national changes jobs. The employer is displeased and withdraws the I-140 or fails to answer a Request for Evidence. There is no I-140 approval. Rather, there is a withdrawal or denial. In this case, it does not appear that the individual would be eligible for AC21 portability. There is no underlying, valid I-140 to "remain valid" so as to allow for the I-485 approval. Put another way, I-140 approval is needed for I-485 approval, even with AC21.