Bashyam Spiro Immigration Law Group_AC21 Portability
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Transcript of Bashyam Spiro Immigration Law Group_AC21 Portability
BUSINESS IMMIGRATION SEMINAR
TOPIC: I-140/I-485 PORTABILITY
Murali BashyamBashyam & Spiro, LLP
OVERVIEW: EMPLOYMENT-BASED
•Labor Certification (Reg/RIR)• I-140/Consular Processing• I-140/Adjustment of Status
Laid Off Or Change Jobs?
Old Law – Out Of Luck
New Law - Depends
180 Day Rule
Has Your I-485 Been Pending For At Least 180 Days?
• If Yes – Your Process May Continue• If No – Sorry! (Unless…Forward Looking)
Can Change Jobs If:
• I-485 Pending For At Least 180 Days
• Same or Similar Employment
Same Or Similar?
• No Real BCIS Definition
• Dictionary of Occupational Titles
Is The New Employer Willing To Take Over?
Send Letter to The BCIS
What If The Old Employer Withdraws The I-140
BCIS Memo – Application Continues
LAID OFF?
How Soon Do I Need To Find A New Job?
• Before a BCIS Request for Evidence• Before a BCIS Interview• Before BCIS Adjudication of the I-485
Does The New Employer Have To File Another I-140?
NO
Do I Have To Find A Job In The Same Location?
• Not According To Regulatory Language
• One INS Office - YES
CURRENT I-485 PROCESSING TIMES
• TSC – 12/1/2000• CSC - 11/16/2001• NSC - 8/22/2001• VSC - 1/1/2002