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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 01-29-2008, 05:40 PM
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Priority Date
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Oct-06
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I140 Mailed Date
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kishdam is a jewel in the rough kishdam is a jewel in the rough kishdam is a jewel in the rough
Default Trying to use AC21 and does not have a copy of I140

Hi,
I am trying to use AC21 (have the offer need to accept/reject by end of this week) - completed 180 days on 485. I140, EAD, AP are all approved sometime back. I dont have a copy of I140 - but I do have the case number. Also labor cert I dont have the full copy - but have the case number and the page where my signature is needed.

Can I use AC21 - my new company is ready to takeover the application (their attorney will represent rest of 485 process). I have detailed description of the job for original labor certificate and for new job - both are pretty much same.

Is it risky to do? I know its subjective but any info would really help me a lot. Thanks.
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  #2 (permalink)  
Old 01-29-2008, 05:48 PM
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Priority Date
:
Nov-06
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I140 Mailed Date
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01/01/2007
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:
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I485 Mailed Date
:
08/06/2007
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Join Date: Jun 2007
Posts: 63
alex77 is a name known to all alex77 is a name known to all alex77 is a name known to all alex77 is a name known to all alex77 is a name known to all alex77 is a name known to all
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Check this out:

http://www.google.com/answers/threadview?id=559556
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  #3 (permalink)  
Old 01-30-2008, 07:11 AM
Senior Member
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:
Jan-05
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I140 Mailed Date
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03/15/2007
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:
07/17/2007
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shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold
Default

Quote:
Originally Posted by kishdam View Post
Hi,
I am trying to use AC21 (have the offer need to accept/reject by end of this week) - completed 180 days on 485. I140, EAD, AP are all approved sometime back. I dont have a copy of I140 - but I do have the case number. Also labor cert I dont have the full copy - but have the case number and the page where my signature is needed.

Can I use AC21 - my new company is ready to takeover the application (their attorney will represent rest of 485 process). I have detailed description of the job for original labor certificate and for new job - both are pretty much same.

Is it risky to do? I know its subjective but any info would really help me a lot. Thanks.

Quote:
Originally Posted by kishdam View Post
I dont have a copy of I140 - but I do have the case number.
It is ok

Quote:
Originally Posted by kishdam View Post
I have detailed description of the job for original labor certificate and for new job - both are pretty much same.
If you are confident in that,then it is ok. If job title matches then it is wonderful.

Quote:
Originally Posted by kishdam View Post
Is it risky to do? I know its subjective
I am doing it, but I know the job description. As you said it is too subjective. So Good luck my friend
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  #4 (permalink)  
Old 01-30-2008, 11:12 AM
Member
Priority Date
:
Oct-06
Category
:
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I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 61
kishdam is a jewel in the rough kishdam is a jewel in the rough kishdam is a jewel in the rough
Default

Thank you Alex and Shana. Your responses/links are both informative and reassuring. I accepted the new offer and planning to use AC21.

Any advice on the attorney - new employer (a big company) is asking me to go thru their lawyers (a known attorney firm which incidentally is the same attorney firm at my current job as well). I may not have any other option but wondering if there is any advantage of going thru your own attorney in 485 stage? - in this stage all that lawyer needs to do is to respond RFE's - if an RFE comes I guess it would be on job functions or ability to pay or such things which needs company's input anyway.
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  #5 (permalink)  
Old 01-30-2008, 11:18 AM
Senior Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
03/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jun 2007
Posts: 400
shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold shana04 is a splendid one to behold
Default no problem

Quote:
Originally Posted by kishdam View Post
Thank you Alex and Shana. Your responses/links are both informative and reassuring. I accepted the new offer and planning to use AC21.

Any advice on the attorney - new employer (a big company) is asking me to go thru their lawyers (a known attorney firm which incidentally is the same attorney firm at my current job as well). I may not have any other option but wondering if there is any advantage of going thru your own attorney in 485 stage? - in this stage all that lawyer needs to do is to respond RFE's - if an RFE comes I guess it would be on job functions or ability to pay or such things which needs company's input anyway.
I am with a desi employer and not planning to change attorney.
Because as per law, 485 is your applicaiton and attorney has to fully support you and not your old employer and if they are not providing information they are violating law.

so I dont see any problem.

Good luck
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