Am I eligible for employment authorization if USCIS revoked my H-1B spouse’ s approved Form I-140 petition? In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I- 140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for employment authorization based on that eligibility criterion. You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21. 看最后一句。
【在 e****l 的大作中提到】 : Am I eligible for employment authorization if USCIS revoked my H-1B spouse’ : s approved Form I-140 petition? : In order to qualify for employment authorization as an H-4 : nonimmigrant, your H-1B spouse must have been granted H-1B status under : sections 106(a) and (b) of AC21 or be the beneficiary of an approved Form I- : 140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no longer : the beneficiary of an approved Form I-140. Therefore, you would not qualify : for employment authorization based on that eligibility criterion. You may : still qualify for employment authorization if your H-1B spouse has received : an extension of stay under sections 106(a) or (b) of AC21.
You may still qualify for employment authorization if your H-1B spouse has received an extension of stay under sections 106(a) or (b) of AC21. 这句话是什么意思呢?
【在 e****l 的大作中提到】 : You may still qualify for employment authorization if your H-1B spouse has : received an extension of stay under sections 106(a) or (b) of AC21. : 这句话是什么意思呢?
学习了!搜了一下,原来只要485 pending超过180天,换雇主无所谓,被拒的唯一可能 是工作性质改变了。 Changing Employer Using AC 21 Portability Rule Effective October 17, 2000, The American Competitiveness in the TwentyFirst Century Act, (AC21) provides that approved I140 petition for employment based green card would remain valid even when an alien changes jobs, if: --Employment based Adjustment of Status(I485) has been filed and remained unadjudicated (pending) for 180 days or more; and --the new job is in the same or similar occupational classification as the job for which the certification or approval was initially made. If an alien has complied with the above statutory requirements, adjudicators shall not deny applications for adjustment of status on the basis that the alien has changed jobs. Under present practices it is expected that an I485 applicant notify the USCIS service center when they no longer intend to enter into employment with the employer who sponsored them on the I140 petition. USCIS would continue to expect the applicant to submit a letter notifying USCIS of this change in intent. If the Adjudicator has reason to believe that the applicant's intent has changed, a Request For Evidence(RFE) may be issued to clarify the applicant's intent in regards to employment. In an instance where the applicant no longer intends to be employed by the employer who sponsored him/her on the I140, the USCIS would request a letter of employment from the new employer. The letter from the new employer verifying that the job offer exists should contain the new job title, job description and salary. This information is necessary to determine whether the new job is in the same or similar occupation and to determine whether the alien is admissible under the public charge ground of inadmissibility.