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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 09-11-2010, 07:00 PM
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Dilemma is on a distinguished road
Default File AC21 with G28 ?

My I140/I485 was done by company A and currently on H-1B.
I140 approved in July 2008
I485 filed in Aug 2007 (pending)

I have accepted offer from company B whose Law firm is doing H-1B transfer and GC portability. According to their attorney the job is very similar for GC portability.

I was told by Company A that they will revoke I140 upon separation.

There is no formal procedure to file AC21 and to avoid any repercussion can I ask company B to send AC21 Employment Letter with G28 representation so if there is any RFE/NOID it comes to them (company B) and not to company A.

Experts plz advice if I should ask/force company B to file G28(with AC21) BEFORE I resign company A ?

Thanks
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  #2 (permalink)  
Old 09-11-2010, 08:04 PM
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Default U r good

I did the same recently.

Doing AC21 with the New Co. attorney is a better option.
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  #3 (permalink)  
Old 09-11-2010, 08:04 PM
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Default

G-28 is submitted by an attorney representing your case, not the company. When I changed the employer and when new attorney submitted AC21 + G-28 along with last 2 years tax returns and new paystubs, I saw an SLUD on my 485 in about a week. Attorney also received an letter of acknowledgement from USCIS. Once this is done you are safe and need not worry about 140 revocation by old employer.

Quote:
Originally Posted by Dilemma View Post
My I140/I485 was done by company A and currently on H-1B.
I140 approved in July 2008
I485 filed in Aug 2007 (pending)

I have accepted offer from company B whose Law firm is doing H-1B transfer and GC portability. According to their attorney the job is very similar for GC portability.

I was told by Company A that they will revoke I140 upon separation.

There is no formal procedure to file AC21 and to avoid any repercussion can I ask company B to send AC21 Employment Letter with G28 representation so if there is any RFE/NOID it comes to them (company B) and not to company A.

Experts plz advice if I should ask/force company B to file G28(with AC21) BEFORE I resign company A ?

Thanks
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  #4 (permalink)  
Old 09-11-2010, 08:33 PM
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Default

DSLStart & bpratap, thanks for your response.

When is the good time to ask new company attorney to file for G-28 & AC-21?

Please emphases how important is to file G-28 before leaving old company to make sure RFE or other responses from USCIS to new company attorney?

Also, you mentioned you sent paystubs & tax returns with AC-21 but should one file AC-21 employment letter before old company revokes I-140 ?

Thanks
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  #5 (permalink)  
Old 09-11-2010, 11:32 PM
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Default

G-28?!
Quote:
Originally Posted by dslstart View Post
g-28 is submitted by an attorney representing your case, not the company. When i changed the employer and when new attorney submitted ac21 + g-28 along with last 2 years tax returns and new paystubs, i saw an slud on my 485 in about a week. Attorney also received an letter of acknowledgement from uscis. Once this is done you are safe and need not worry about 140 revocation by old employer.
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  #6 (permalink)  
Old 09-12-2010, 12:23 AM
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Default DSLStart - AC21 Acknowledged ?

DSLStart -
When AC21 + G28 was filed through new employer's attorney, I was informed that there is no acknowledgement for such filing. However, You mentioned 'Attorney also received an letter of acknowledgement from USCIS.'
For AC21 or for G28 ?
What type of acknowledgement was this? What does it state? Can you please elaborate on this?
Thanks.

Last edited by PKV4voice; 09-12-2010 at 12:25 AM. Reason: To correct and clarify
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  #7 (permalink)  
Old 09-12-2010, 01:20 PM
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Default

Attorney received letter from USCIS saying that the new information sent has been recorded on the file. So I believe that covered both the things. I did not see the letter, but the attorney told me he received one. This was in 2006 @ TSC.

Quote:
Originally Posted by PKV4voice View Post
DSLStart -
When AC21 + G28 was filed through new employer's attorney, I was informed that there is no acknowledgement for such filing. However, You mentioned 'Attorney also received an letter of acknowledgement from USCIS.'
For AC21 or for G28 ?
What type of acknowledgement was this? What does it state? Can you please elaborate on this?
Thanks.
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