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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 12-04-2007, 04:02 PM
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Priority Date
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I140 Mailed Date
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Default Can we move to a different job in a different state ?

Hi,

I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )

Thanks,
Sam
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  #2 (permalink)  
Old 12-04-2007, 04:17 PM
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Quote:
Originally Posted by svam77 View Post
Hi,

I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )

Thanks,
Sam
Yes, you can
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  #3 (permalink)  
Old 12-04-2007, 04:22 PM
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I140 Mailed Date
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11/06/2007
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Default Yes, but...

Quote:
Originally Posted by svam77 View Post
Hi,

I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )

Thanks,
Sam
Be careful if your I-140 is pending. This issue has been discussed in several threads...
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  #4 (permalink)  
Old 12-04-2007, 05:35 PM
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Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.
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  #5 (permalink)  
Old 12-04-2007, 06:49 PM
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svam77 is on a distinguished road
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Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.
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  #6 (permalink)  
Old 12-04-2007, 07:23 PM
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Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
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