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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 03-13-2009, 08:23 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
03/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
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Join Date: Sep 2007
Posts: 67
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Default AC21 employment in different state than mentioned in Labor

I plan on using AC21 to change employer. My I140 is approved and I485 is pending for more than 20 months. My Labor was approved from California. Now can I seek employment on similar job in a different state (say IL, MI) without affecting my I485? Some members are warning about possible RFEs in such cases. Can anyone clarify if it's a problem and how to respond to RFE if it comes.
__________________
PD - Jan, 2003 EB3 India
I140 approved - July, 2006.
I-485, EAD and AP applied on Aug 2007 at Nebraska.
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  #2 (permalink)  
Old 03-13-2009, 09:09 PM
Senior Member
Priority Date
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Jan-03
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I140 Mailed Date
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01/01/2007
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Default look here..

Quote:
Originally Posted by anilnag View Post
I plan on using AC21 to change employer. My I140 is approved and I485 is pending for more than 20 months. My Labor was approved from California. Now can I seek employment on similar job in a different state (say IL, MI) without affecting my I485? Some members are warning about possible RFEs in such cases. Can anyone clarify if it's a problem and how to respond to RFE if it comes.
look at my post here..

http://immigrationvoice.org/forum/sh...7&postcount=44
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #3 (permalink)  
Old 03-15-2009, 10:01 PM
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:
Apr-06
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:
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:
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Join Date: Mar 2009
Posts: 2
njimmig is on a distinguished road
Default

Hello,

I have my EAD (valid till sept 2010) from a company in NJ and I live in NJ. The application is currently in Texas Center.

If I take up a job from a company in Utah, will there be any complications with respect to my EAD renewal or can I expect any RFE's.

Also Will my file be transferred from Texas service center as I moved?

Looking at the response received it does not look promising.

Please share any other such experiences good or bad.

Thanks.
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  #4 (permalink)  
Old 03-15-2009, 10:10 PM
Senior Member
Priority Date
:
Jan-03
Category
:
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I140 Mailed Date
:
01/01/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jan 2006
Posts: 835
eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
Default update ur profile.

Quote:
Originally Posted by njimmig View Post
Hello,

I have my EAD (valid till sept 2010) from a company in NJ and I live in NJ. The application is currently in Texas Center.

If I take up a job from a company in Utah, will there be any complications with respect to my EAD renewal or can I expect any RFE's.

Also Will my file be transferred from Texas service center as I moved?

Looking at the response received it does not look promising.

Please share any other such experiences good or bad.

Thanks.

update profile first.
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #5 (permalink)  
Old 03-16-2009, 09:31 AM
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Priority Date
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njimmig is on a distinguished road
Default

I just updated my profile.
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  #6 (permalink)  
Old 03-16-2009, 10:13 AM
Member
Priority Date
:
Oct-03
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I140 Mailed Date
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I-485
I485 Mailed Date
:
08/17/2007
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Join Date: Dec 2006
Posts: 26
srisra is on a distinguished road
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The reply I got from my employer on this regard.

"Since you have an approved visa petition and your residence application has been pending for over 180 days, you can port to a new employer as long as the job you move to is the same or similar to the one that was certified. The fact that you move to another location or even to another state would not matter. Also, the wage offered is not relevant. If you do port, it is highly recommended that you send in a letter to the CIS to inform them of your porting so that they can interfile this letter with your I-140/I-485 file."

This is a reply from reputed lawyer in CA.

But RFEs and AC21 from USCIS is still a headache. becareful with the paperwork and address change with USCIS.
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  #7 (permalink)  
Old 03-16-2009, 10:14 AM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/17/2007
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Join Date: Dec 2006
Posts: 26
srisra is on a distinguished road
Default

i said "employer" in first line...its "LAWYER" not employer sorry...
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  #8 (permalink)  
Old 03-16-2009, 11:18 AM
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I140 Mailed Date
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08/31/2006
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I-485
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:
07/24/2007
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Default

It has been 10 months since I moved to a different state taking advantage of AC-21, changed address using AR-11 and no RFEs so far.
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  #9 (permalink)  
Old 03-16-2009, 12:54 PM
Senior Member
Priority Date
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Apr-04
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EB2
I140 Mailed Date
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08/13/2007
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I485 Mailed Date
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I moved 5 months back to another state. No RFEs yet.
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  #10 (permalink)  
Old 03-16-2009, 01:05 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
03/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: Sep 2007
Posts: 67
anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute anilnag has a reputation beyond repute
Default

Thanks guys for your help. One more question.
My new employer doesn't sponsor green card. But they can provide employement verification letter.

My question is does it anyway matter the fact that new employer doesn't sponsor GC? Do we still need some kind of sponsorship after invoking AC21? If it's just a matter of getting employement verification letter then I guess I am good to go with new employer.
__________________
PD - Jan, 2003 EB3 India
I140 approved - July, 2006.
I-485, EAD and AP applied on Aug 2007 at Nebraska.
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  #11 (permalink)  
Old 03-16-2009, 05:41 PM
Senior Member
Priority Date
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Feb-05
Category
:
EB3
I140 Mailed Date
:
05/05/2007
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:
India
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I-485
I485 Mailed Date
:
07/27/2007
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Default I moved from NJ to NC

I moved from NJ to NC and used AC21....Like the attitude of Punjabi, way to go...life is too short to keep worrying about GC/RFE etc..
__________________
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Attended the DC Rally
Contribution: $350
Attended the Advocacy days in DC - 2011
Status : I-485 pending, PD Feb 2005, EB3 - India
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