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H1 transfer using AC21 scenarios

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08-11-2009, 08:41 PM

looivy

Senior Member

Priority Date	:	Sep-04
Category	:	EB3
I140 Mailed Date	:	03/01/2007

Chargeability	:	India
Processing Stage	:	I-485
I485 Mailed Date	:	07/01/2007

Join Date: Jul 2007

Posts: 374

H1 transfer using AC21 scenarios

Hi Attorney,

Can you please let me know the answers to the following general questions.

For an individual, let’s say an I-485 was pending since July 2007 (I-140 approved) with current employer A and she moves to an employer B on a similar job on a H1-B transfer invoking the AC21 portability.

1) After the move, if the I-485 gets denied, can the person still retain the priority date of the underlying approved I-140 in any new application if she files with the same or a new employer.

2) After the move, if the I-485 gets denied and the person loses her job with the employer B, can she take a job with employer C by transferring the remaining time on her H1-B visa.

Thanks in advance.

Last edited by looivy; 08-11-2009 at 09:45 PM.

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