Dismissed
EB-3
EB-3 Dismissed — Software Engineering: the beneficiary changed jobs before the I-140 petition was
Decision Summary
The appeal was dismissed because the beneficiary changed jobs before the I-140 petition was approved. The director determined this meant the petitioner no longer intended to offer employment to the beneficiary. The AAO agreed that AC21 portability provisions, which allow a job change if an I-485 application has been pending for 180 days, do not apply because the underlying I-140 immigrant petition was never approved.
Criteria Discussed
Ability To Pay Proffered Wage Bona Fide Job Offer Ac21 Portability
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