e*r
2 楼
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
Q #9. May an alien beneficiary request to "port" to a different employer or
job under INA 204(j) if his or her Form I-140 petition is still pending? [
Answer Finalized on 12/14/09]
A. Yes, an alien beneficiary may request to change employers under INA 204(
j) while the Form I-140 petition is pending, as long as his or her Form I-
485 adjustment application has been pending for at least 180 days. However,
in order for the Form I-140 petition to "remain valid" for INA §204(j)
purposes, it must be determined that the petition was "valid" when filed, i.
e., that the I-140 petition was filed on behalf of an alien who was entitled
to the employment-based classification and that the petition contained a
valid job offer at the time that the petition was filed. Therefore, the
petition must be approved prior to a favorable determination regarding a
portability request made under INA §204(j).
Guidance on the adjudication of requests to change employers (or jobs) under
INA §204(j) was published in USCIS's December 27, 2005 memorandum entitled
, Interim guidance for processing I-140 employment-based immigrant petitions
and I-485 and H-1B petitions affected by the American Competitiveness in
the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313). This memo
specifically dealt with how USCIS processes unapproved I-140 petitions that
were concurrently filed with I-485 applications in the portability context.
If evidence is submitted to USCIS that an alien seeks to adjust on the
basis of a new job offer under INA 204(j), then, the adjudicator will first
determine if the alien is the beneficiary of an approved I-140 petition. If
he or she is not, the adjudicator will proceed to determine whether the
unapproved, pending I-140 was approvable when filed (this may involve
issuance of an RFE if the I-140 cannot be approved without further evidence
of its merits). Then, only if the I-140 can be approved, the adjudicator
will adjudicate the adjustment of status application and also determine if
the new position is the same or similar for I-140 portability purposes.
【在 v*****k 的大作中提到】
: 就是uscis.gov的link。多谢！
Q #9. May an alien beneficiary request to "port" to a different employer or
job under INA 204(j) if his or her Form I-140 petition is still pending? [
Answer Finalized on 12/14/09]
A. Yes, an alien beneficiary may request to change employers under INA 204(
j) while the Form I-140 petition is pending, as long as his or her Form I-
485 adjustment application has been pending for at least 180 days. However,
in order for the Form I-140 petition to "remain valid" for INA §204(j)
purposes, it must be determined that the petition was "valid" when filed, i.
e., that the I-140 petition was filed on behalf of an alien who was entitled
to the employment-based classification and that the petition contained a
valid job offer at the time that the petition was filed. Therefore, the
petition must be approved prior to a favorable determination regarding a
portability request made under INA §204(j).
Guidance on the adjudication of requests to change employers (or jobs) under
INA §204(j) was published in USCIS's December 27, 2005 memorandum entitled
, Interim guidance for processing I-140 employment-based immigrant petitions
and I-485 and H-1B petitions affected by the American Competitiveness in
the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313). This memo
specifically dealt with how USCIS processes unapproved I-140 petitions that
were concurrently filed with I-485 applications in the portability context.
If evidence is submitted to USCIS that an alien seeks to adjust on the
basis of a new job offer under INA 204(j), then, the adjudicator will first
determine if the alien is the beneficiary of an approved I-140 petition. If
he or she is not, the adjudicator will proceed to determine whether the
unapproved, pending I-140 was approvable when filed (this may involve
issuance of an RFE if the I-140 cannot be approved without further evidence
of its merits). Then, only if the I-140 can be approved, the adjudicator
will adjudicate the adjustment of status application and also determine if
the new position is the same or similar for I-140 portability purposes.
【在 v*****k 的大作中提到】
: 就是uscis.gov的link。多谢！
h*l
3 楼
不错
or
204(
However,
i.
entitled
【在 e******r 的大作中提到】
: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
: Q #9. May an alien beneficiary request to "port" to a different employer or
: job under INA 204(j) if his or her Form I-140 petition is still pending? [
: Answer Finalized on 12/14/09]
: A. Yes, an alien beneficiary may request to change employers under INA 204(
: j) while the Form I-140 petition is pending, as long as his or her Form I-
: 485 adjustment application has been pending for at least 180 days. However,
: in order for the Form I-140 petition to "remain valid" for INA §204(j)
: purposes, it must be determined that the petition was "valid" when filed, i.
: e., that the I-140 petition was filed on behalf of an alien who was entitled
or
204(
However,
i.
entitled
【在 e******r 的大作中提到】
: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e
: Q #9. May an alien beneficiary request to "port" to a different employer or
: job under INA 204(j) if his or her Form I-140 petition is still pending? [
: Answer Finalized on 12/14/09]
: A. Yes, an alien beneficiary may request to change employers under INA 204(
: j) while the Form I-140 petition is pending, as long as his or her Form I-
: 485 adjustment application has been pending for at least 180 days. However,
: in order for the Form I-140 petition to "remain valid" for INA §204(j)
: purposes, it must be determined that the petition was "valid" when filed, i.
: e., that the I-140 petition was filed on behalf of an alien who was entitled
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