Dr. William:

I was approved for NIW I-140 based on my previous employer. After a month of the I-140 approval, I was laid off. Now I am working for another company. I want to know if I still can use the approved I-140 from my previous employer for the I-485 petition, according to the AC21?

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A:

Based on AC21 rules, the approved I-140 keeps valid if the person has applied I-485 for six months, the job lay off or changing employer will not revoke the approved I140.

If the person did not apply for I-485 for six month, the job lay off or changing employer will make  approved I-140 void and the person needs to start everything all over again.