Employers and I-140 withdrawls

Since we opened our ac21portability.com website about a month ago we have heard a lot of frustration, anger and worry from folks regarding the fact that their employers will withdraw the I-140 if the person leaves the company, in some cases some unscrupulous employers even threaten the employee, forcing them to continue working. We want to clear up some misconceptions and provide all possible information so you can make an informed decision. The key point we want to stress is:
If you have an approved I-140 and 180 calender days have passed since you filed your I-485 (based on the receipt date) then the law is on your side.

- The I-140 belongs to the employer and they are perfectly within their rights to revoke / withdraw it if you leave them.

- The I-485 belongs to you and as long as you had an approved 1-140 at the time of filing and 180 days have passed since the receipt date, even if your employer withdraws the 1-140, you are perfectly within your rights to live and work in the US (as long as its a same/similar role)

- If your employer threatens you, they are wrong and do not get intimidated.

- Yes if your I-140 is withdrawn, its is much more likely you will get an RFE, since the USCIS wants to make sure you ported off to a same or similar job OR in worst case you may get a Notice of Intent to Deny (NOID), this happens in some cases probably due to the fact that the officer was not aware of AC21, lack of training etc. The USCIS Ombudsman's has a post on this and there is good reason to believe that information regarding AC21 is disseminating to all the officers, here is the Ombudsman's memo. In the event of a NOID you have to file a Motion to Reopen (MTR), again as long as you were in a same/similar role, you case will be given a fair hearing. Its a hassle and a headache but ultimately we believe the law is on your side.
Here is our scenarios and strategies document for further reading if your situation is not exactly as mentioned above. Our next post we will talk in detail about how to respond to RFE's and MTR's. We also hope to put up documents for these. Meanwhile keep telling us about your situations: contact@ac21portability.com
Just in case you were wondering here is what an RFE related to employment looks like

again please feel free to reach out to us at contact@ac21portability.com or browse over to all available resources at ac21portability.com

Our first (actually second) post on AC21Portability

F1, H1B, H4, L1, AP, EAD, AC21, RFE, MTR the alpha-numeric soup has in many ways come to define the life of many skilled immigrants in the United States. Many of us have come to live with the uncertainty and vagaries of the USCIS and the Dept. of State just like the farmers in parts of the world on the monsoon. When it rains it pours, else its a decade of drought.

We are like many others who are waiting in line for the green card, severely retrogressed and pondering our options. Many of us want to start our businesses, change jobs either voluntarily or more likely in this economy involuntarily. There are options available to folks under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313),(popularly known as AC21). However as with most laws and probably everything in life there are gray areas, loopholes and gotchas. Especially when it comes to immigration not following the law inadvertently can have serious life changing consequences for the person and her/his family. Hence this resource to help others and learn from you how you are being affected or have been affected, your stories, your issues, your run-ins with the USCIS.

Here is our site in case you still have not stumbled upon it ac21portability.com

This is your resource, its intended to be used as such and not to be substituted for legal advise. So we encourage you to share your questions, issues and stories with other people in the same boat. Use the forums or email us anonymously and we will try and help out as much as we can, all of us may learn more and help others for it sure seems like a long ride to the finish line.

contact@ac21portability.com

Everything you wanted to know about AC21 Portability

What is AC21 Portability?
AC21 portability is the ability of individuals to change employers under certain circumstances while they are in the process of adjusting status (I-485) to obtain a permanent residency in the United States (green card), as laid out under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

Why this blog?
This blog is intended to be complimentary to the AC21 Portability website. This website was built as an attempt to create a comprehensive guide to navigate the tricky issues related to employment changes under the AC21 laws and a place to ask questions, share views, opinions on this and related topics with other people who are in same or similar situations. I am personally an individual who has faced these issues and am often annoyed by the conflicting and wrong information that is available.

What information is available on ac21portability.com?
While I am constantly updating the information, the site currently has the following
- A comprehensive FAQ? (send me more suggestions)
- A Forum to ask questions and get responses from the community
- All the USCIS Memos and field guidelines that are currently governing AC21 portability regulations.
- Links to related informational websites, government organizations, advocacy groups, law firms.

Hope you find it useful, enjoy and please feel free to send me any feedback on the website contact tab
AC21 Portability

Note: This blog and the website for informational purposes only, the laws and regulations in this area are often changing. Do not rely on this website or forums for definitive answers please use a competent immigration lawyer to handle any specific issues.