Lidiane Santos
Jul 25, 2022
i140 pending more 180 days
Hi!
I’m having a hard time with my original employer. they got 2 rfe on the i140 and they are not going to respond cuz they can’t provide the documents uscis are asking. I sent my i485 in December 2021 and my i140 as well (concurrent). The question is… I have a similar job eligible to get my case and continue my process i140 and i485, but my i140 still pending with rfe… Can I still send the AC21 and do the job portability ?! and the new job keep my case?! please if someone got the same problem or know someone that got that with success pls tell me, cuz I’m so sad that is happening… I can’t believe it 😭#i140 #aos #i485
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A LJul 26, 2022
muita sacanagem
A LJul 26, 2022
I think ac21 requires i485 to be filled for 180 days or more and it doesn’t state clearly that the 140 must be approved. I read on the internet it is a best practice, just to be safe, wait on 140 approval AND 485 pending for 180days. maybe somebody has a real experience and can shime in. what visa are you on? sorry have you consider another employer that could sponsor a visa and restart the process over?
Lidiane SantosJul 26, 2022
unfortunately my i140 is pending waiting for answer a RFE… so how can I wait an approval if my current employer can’t show the ability to pay on the rfe?! i have an similiar job offer already to try to PORT but I don’t know if could work without i140 approved. i could consider another employer and start the process over if I was with my F1 valid… I stopped to study after filled the i485 🤦🏽♀️I’m so confused and sad… do you think a lawyer maybe could get an approval even if the company got a lot of losses during covid and low income?! i don’t know if I should try to answer the RFE or try to port my case
A LJul 26, 2022
Lidiane, looks like you need assistance from a lawyer.
Lidiane SantosJul 26, 2022
yeah I will talk with one tomorrow…
k pJul 27, 2022
let us know what the lawyer says. I was wondering the same for that kind of scenario.
