Ben Galore
Jan 28, 2022
Business termination after 180 days of I/140/485 pending and after porting
it seems like a business termination cancels the i140 if it was not approved for at least 180 days before. But It seems also that if the i485 was filed concurrently and pending for 180 days then everything will keep processing. Am I correct ?
ADVERTISEMENT
Ben GaloreJan 28, 2022
knowing that there is a company asking to port my 485 with a job offer identical to my position.
Ben GaloreJan 30, 2022
answer from the lawyer : porting works for both i140 OR 485 pending for 180 days. no need to do i485j as soon as you have a new job. can be done in case of RFE
Ben GaloreJan 30, 2022
i485j allows to be notified of RFE on i140 that would go to the initial employer
Lidiane SantosJul 25, 2022
Ben could you tell me more?! my i140 is pending for 212 days and my original employer is not eligible anymore, but I have an identical job offer… can I do a port with my i140 pending for more 180 days as well?
Ben GaloreJul 25, 2022
my i140 ended up being approved (time of filling is what matters). some lawyers day do nothing and wait.
Lidiane SantosJul 25, 2022
but my i140 is with rfe and my employer will not respond that… do you know if I still can port even with rfe on my i140? my another job is similar… and my i485 is with 215 days :/ it’s not my fault that my original employer can’t respond the rfe
Ben GaloreJul 25, 2022
you should consult an attorney, i think in your case it's not possible to port, if the RFE is not answered the i140 will be rejected and the i485 too
Ben GaloreJul 25, 2022
I mean you could still port but that would not change the outcome
Lidiane SantosJul 26, 2022
ohh shoot!! I’m so lost it. I’ll contact a lawyer to see
