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Form I-140 Approval and Labor Certification to remain valid if Form I-140
Approval revoked after 180 days.
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Employment Based Green Card >
Form I-140 Approval and Labor Certification to remain valid if Form I-140
Approval revoked after 180 days.
In a recent letter the BCIS indicates that under AC21 an employment-based
immigration petition approval (Form I-140) and the supporting Labor
Certification shall remain valid with respect to a new job if the individual
changes jobs or employers as long as the Adjustment Application (Form I-485) has
been filed and remains unadjudicated for 180 days or more. This interpretation
would appear to apply even if the approval of the initial Form I-140 was
revoked, provided that the Form I-140 approval was revoked after the 180 days
had passed. |