回答: 請教皮匠老師用EB1B申請綠卡何時可以換工作？ 由 reddragonfly 於 2008-07-02 09:42:21
"在做完上麵的 homework 之後，各位同學應該能得到同一個結論，那就是：提交 I-485 之後的更換工作，不是必須等到 I-140 已經批準，也不是必須等到 I-485 已經提交 180 天。但是，工作的相同或相似，是必須滿足的條件。"?????
Pjiang, I am speechless too!Please read the following:
"(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a §106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA § 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a §106(c) AC21 portability request....."
May 30, 2008, Memorandum, Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485 Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313), as amended, and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), Title IV of Div. C. of Public Law 105-277.
"在做完上麵的 homework 之後，各位同學應該能得到同一個結論，那就是：提交 I-485 之後的更換工作，不是必須等到 I-140 已經批準，也不是必須等到 I-485 已經提交 180 天。但是，工作的相同或相似，是必須滿足的條件。"?????
Pjiang, I am speechless too!Please read the following:
"(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a §106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA § 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a §106(c) AC21 portability request....."
May 30, 2008, Memorandum, Supplemental Guidance Relating to Processing Forms I-140 Employment-Based Immigrant Petitions and I-129 H-1B Petitions, and Form I-485 Adjustment Applications Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313), as amended, and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), Title IV of Div. C. of Public Law 105-277.
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