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BUSINESS IMMIGRATION SEMINAR TOPIC:  I-140/I-485 PORTABILITY Murali Bashyam Bashyam & 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! (UnlessForward 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
THANK YOU Murali Bashyam Bashyam & Spiro, LLP [email_address] www.immigrationcounsel.com (703) 506-4500 or (919) 833-0840

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  • 1. BUSINESS IMMIGRATION SEMINAR TOPIC: I-140/I-485 PORTABILITY Murali Bashyam Bashyam & Spiro, LLP
  • 2. OVERVIEW: EMPLOYMENT-BASED Labor Certification (Reg/RIR) I-140/Consular Processing I-140/Adjustment of Status
  • 3. Laid Off Or Change Jobs? Old Law Out Of Luck New Law - Depends
  • 4. 180 Day Rule Has Your I-485 Been Pending For At Least 180 Days? If Yes Your Process May Continue If No Sorry! (UnlessForward Looking)
  • 5. Can Change Jobs If: I-485 Pending For At Least 180 Days Same or Similar Employment
  • 6. Same Or Similar? No Real BCIS Definition Dictionary of Occupational Titles
  • 7. 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
  • 8. 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
  • 9. Does The New Employer Have To File Another I-140? NO
  • 10. Do I Have To Find A Job In The Same Location? Not According To Regulatory Language One INS Office - YES
  • 11. CURRENT I-485 PROCESSING TIMES TSC 12/1/2000 CSC - 11/16/2001 NSC - 8/22/2001 VSC - 1/1/2002
  • 12. THANK YOU Murali Bashyam Bashyam & Spiro, LLP [email_address] www.immigrationcounsel.com (703) 506-4500 or (919) 833-0840