In an October 20, 2010 precedent decision [Matter of Al Wazzan, Interim Decision #3699, 25 I&N Dec. 359 (AAO October 20, 2010)], the Administrative Appeals Office (AAO) held that in order to serve as a basis for adjustment of status in the context of the I-140 portability rule, the I-140 "must have been filed for an alien who is “entitled” to the requested classification and that petition must have been “approved” by a USCIS officer pursuant to his or her authority under the Act.”

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